THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 25th of FEBRUARY, 1784, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

BEFORE the Right Honourable ROBERT PECKHAM , Esq; LORD MAYOR of the City of London; The Hon. Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas; The Hon. Sir RICHARD PERRYN , Knt. one of the Barons of his Majesty's Court of Exchequer; The Hon. FRANCIS BULLER , Esq; one of the Justices of his Majesty's Court of King's Bench; The Hon. JAMES ADAIR , Esq; Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Nathaniel Fenn

George Panter

Robert Jones

Henry Creswell

William Old

Edward Pierce

Alexander Boote

William Hadden

Nathaniel Harris

John Remmington

Francis Upjohn

Southern Payne

First Middlesex Jury.

William Seymour

Joseph Hobbs

James Norton

John Abrahams

Jasper Stocker

Joseph Symonds

Joseph Walker

James Reed

Henry Cooper

John Andrews

Samuel Brown

Richmond Barker

Second Middlesex Jury.

John Williams

William Burgess

Richard Carr

William Ball

Joseph Nourse

* William Jackson

* William Corne served on the trial of George Barrington in the room of William Jackson .

Edward Widdows

John Walker

Alexander Hendy

Thomas Holmes

James Fendon

George Burraston .

Reference Number: t17840225-1

230. JOHN JARRETT was indicted for feloniously stealing, on the 14th of January last, one paper hat-box value 6 d. and one woman's chip hat covered with silk value 2 s. the property of James Bell .

James Bell and John Dowse called on their recognizances, and not appearing, the prisoner was ACQUITTED .

231. WILLIAM MARTIN, otherwise THOMAS BANKS , was indicted for burglariously and feloniously breaking and entering the dwelling house of Charles Peavey , about the hour of twelve in the night, on the 18th day of February last, and burglariously stealing therein two large copper boilers value 21 s. one small copper kettle value 7 s. and one hempen sack value 1 s. the property of the said Charles .

CHARLES PEAVEY sworn.

I live at Whitton, in the parish of Twickenham , on the 18th of February last, I was in possession of two large boiling pots and a kettle.

Court. Where were they? - They were in the wash-house, the back part of the house, which joins to the house.

Is it under the same roof? - Yes.

When did you last see these articles? - I saw them in the evening, but I cannot tell what time of the day; the next morning, before six, the servant girl came and informed me the house was broke open, I got up immeditely and observed the wall was broke by the side of the door, and the door of the wash-house was open.

Had you made any observation on that part of your house before you went to bed? - No, I went to bed that night by a little after seven.

Did you lose any thing else? - Yes, I lost a sack, with my name at full length, Charles Peavey , Whitton.

What reason have you to suspect the prisoner at the bar? - On the Thursday in the afternoon a man came to me from Kensington Gravel-pits, who was a constable, his name is Thomas Collis .

Do you know the prisoner? - I have seen him before, he is an inhabitant of Isleworth.

REBECCA GROVE sworn.

I am servant to the prosecutor, I was last up in the house; I saw the door fast, and the porridge pots safe; the wall was safe and not broke down, it was as usual at eight in the evening.

What does your family consist of? - Three men servants and me, and my master and mistress.

What time did you go to bed? - About a quarter after eight.

Court. It was dark then? - Yes, there were two bolts to the wash-house door but no lock; the front door was locked.

Court. And the house was in perfect security as usual? - Yes.

Court. Did you get up first in the morning? - No, the men were up first, but they went out the contrary way to that door.

Court. Is there any other communication to your house except by the front door and the wash-house door? - Yes, Sir, through the hall.

You may go into that hall and get out of the house without having any communication with the wash-house? - Yes.

Was that hall door fast? - Yes, I got up a quarter before six.

Court. Did you go immediately into the wash-house? - Yes.

What did you observe there? - I observed the wall broke down and the door unfastened, it was not quite open, but the bolts were pushed back.

Where you observed the wall broke down could a man get in? - Yes, and they might unbolt the wash-house door; I turned myself round and missed the two porridge pots and a kettle, and the covers belonging to them; I immediately told my master and mistress.

JAMES COLLIS sworn.

I am a baker and constable, at Kensington Gravel-pits; I know no farther than Mr. Shares, a cowkeeper, and Aldridge who keeps the plow, came to inform me there was a suspicious person who had got some pots at the house; that was the prisoner; I went to him and asked him how he came by them things.

Court. What had the prisoner in his possession when you went to him? - He had two pots in a sack; and one was too big to go in.

Are you sure it was the prisoner? - Yes; I asked him how he came by that property;

he behaved very insolent, and would not tell me, I told him I would take him to a place where he should tell, with that he talked of going to law with me, and entering an action against me for stopping him with his own property; I took him to Bow-street about two hours and a half after.

(The sack and pots produced and deposed to by the Prosecutor and his maid.)

- ALDRIDGE sworn.

I keep the Plow, at Kensington Gravel-pits; the prisoner was in my tap-room, in the morning between six and seven o'clock, when I came down stairs; Mr. Shares came to my room door and informed me he thought some goods were there that was stolen; I came down and the large pot was outward; the sack was inside out; I said, where are you going with them pots? says he, what is that to you; he would not tell me; I went to the constable and brought him over, he would give no answer, and was very insolent; he threatened to punish us; I told him I would cut the sack; the sack was inside out, and there was Mr. Peavey's name upon the outside of it, I have known a great many years.

Court. Are you sure that these things were brought there by the prisoner? - Yes.

JAMES SHARES sworn.

I am a cow-keeper; I live just by Mr. Aldridge; I was going by on Thursday morning, and saw these pots standing at the door; I went into the house, and the prisoner came out and owned the pots, this was just before seven o'clock in the morning, I am sure it was the prisoner; I went up and called the landlord, as I suspected the prisoner, and he went for a constable.

PRISONER's DEFENCE.

I found the things in a ditch coming to London that morning.

Court. Have you any witnesses here? - No; I was brought here last night, and I had no time.

Have you any witnesses to your character? - No, nobody knows any thing of it.

Court to Jury. Gentlemen, you are first to judge whether this house was broke open in the night time, which is necessary to constitute a burglary, the woman went to bed at a quarter after eight, that is the night certainly; and the property is found at Kensington Gravel-pits, between six and seven o'clock in the morning, therefore these things must have been taken away in the intermediate time, now you are to judge at this season of the year, whether it was in the night; the distance is near ten miles.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron PERRYN.

Reference Number: t17840225-3

232. WILLIAM WHITE was indicted for that he, on the 1st of February , about the hour of eight in the night of the same day, being in the dwelling house of Abraham Israel , one set of cotton bed window curtains, value 40 s. the property of the said Abraham, feloniously did steal, take, and carry away; and that he the said William White afterwards, to wit, on the same day, and at the same time, feloniously did break the said dwelling house to get out of the same .

ABRAHAM ISRAEL sworn.

I live in Little May's-buildings, St. Martin's-lane ; on Sunday was three weeks, the prisoner came into my house at the street door, which was open, between seven and eight o'clock in the evening; I sat in my little parlour, and I heard somebody step up stairs in my room; I took the candle and went up stairs, and when I came upon the stairs, I saw the door of the room over me open, so I went down stairs again and shut the street door, and hallooed out for assistance; I was afraid to go up stairs.

Court. Was any body in the house besides yourself? - Yes, lodgers; I called for assistance, and the prisoner came down stairs, and finding the street door locked, he went up stairs again, and wanted to jump out of the window.

But do you know whether it was fast or no? - I cannot tell; I did not venture into the room; I waited for people to assist me; they came and saw the prisoner out of the window upon the tiles; I suppose he was afraid to jump; when I saw the people come, I opened the street door to let them in to help me take the man, they took him half off upon the stairs; that was the prisoner; when we came into the room the bed was laid together upon the bedstead, and the furniture was taken half off from the bedstead.

Court. Was there any thing moved from the room? - No.

Court. Gentlemen of the Jury, in the first place this is a crime as charged in the indictment which the law has made equal to burglary, but in this case here had been no breaking at all; he came in by the street door, and got out by a window, which the prosecutor does not know but it was open: the next thing charged here is, that he stole a pair of bed curtains, now you hear he had got them half off, but they were not all removed; if they had been separated from the bed and had been removed but a foot, that would have been a felony; but in this case it is not so; therefore in point of law, the evidence does not support this indictment.

I live in Holywell-street, Shoreditch ; I left my house about four in the afternoon on the 2d of February, I returned about eleven at night; I am sure the house was fast and double locked when I went out, there was nobody left in the house; when I first put the key in the outside gate I found it had been opened, the bar was down and the street door wide open; it was quite light; I pulled to the door and called in the watchman, and we found the front door forced open, and the lock wrenched, and the staple forced away, it was wrenched out, and the locks up two pair of stairs were all open; I lost all my wearing apparel, except what I have on my back now; I lost all the things mentioned in the indictment.

Mr. Sylvester, Council for the Prosecution. What was the value of all the things you lost, have you made any calculation? - I cannot rightly tell; the mug and spoons about 3 l. two pair of silver shoe buckles value 10 s.

JOHN ARMSTRONG sworn.

I am a constable, on the 2d of February, between six and seven at night, Mr. Harper and me, the officers for Shoreditch, were walking along, and we saw the prisoner, and Harper says to me, here comes Daniel Clark ; says I he has some property upon him; as soon as he saw us, he tried to avoid us; we let him pass; he came to the place called Dirty-lane, he turned up there with his face to the wall and his

back to us, as if going to make water, and I think he said, what is the matter, Sir; I said, nothing, do not be alarmed; when he saw the other come up, he threw down the bundle and ran away, there was a woman at a house door, and he pushed a person on one side and ran in, and he immediately shut the door; the other officer came up to the door and said, where is the man that came in here? says the woman he came in and said for God's sake, save me, hide me, and so I opened my back door and he is gone; I then went out, and there were two walls, and he had got over two doors, and we found him in another woman's cellar; a woman came out from another house, and begged we would come in for there was a man in the cellar; says I, that is the man, we will take you to a magistrate; the other officer was in company, and we took him to Justice Wilmot's, the Justice was not at home, and the prisoner wanted to leave a sum of money for his appearance, he wanted to go to the watch-house, but my brother officer had known him some years, and said, he would take him to gaol, the next morning the prosecutor came to Justice Wilmot's, the property was produced, and he swore to it.

Jury. You saw the things fall from the man? - I saw him throw them down.

- HARPER sworn.

I can only repeat what Mr. Armstrong has told you, I knew the prisoner, and he did not, I said, here is Daniel Clark , says he, do you know any thing of him, yes, says I, I do; he went to him and talked to him, I heard them talking together, and he threw down a bundle.

Court. Did you see him throw down the bundle? - Yes.

What did you do with it? - I have kept it in my possession ever since, this is the same.

(The things produced and deposed to.)

Court to Prosecutor. Can you take upon yourself to swear whether the things were or were not there when you went out? - Yes, my Lord, they were all there, and the door locked.

Court. What was the value of all you lost? - About ten pounds.

Have you any linen bed furniture here? - No, only a few shirts, and neckcloths, and one pair of sheets.

Prisoner. There were a hundred people in this yard, and they said, this is the man, and that is the man, and the other is the man; and I was brought out of the house, and then they said I was the man.

Court to Harper. Did you ever charge any other man with being the man? - No.

PRISONER's DEFENCE.

I was drinking at a public house, I was never out ten minutes from three o'clock in the afternoon, till this affair happened, I have not a soul here, I have a list of the people to my character, there is the man at the public house, that they know, that came and took his oath that I was at his house, there was a great many people in the house, that will swear I was not out of the house ten minutes in the course of the time.

Court to Jury. Gentlemen: Upon indictments of this sort, there are in general three questions very material to be attended to, the first is, as to the fact of breaking into the house, and to that Mr. Garret says he left the house perfectly secure when he went out, and when he came home the door was broke open, the lock forced, and the staple wrenched out, if that he so, it must have been done by force, then there is no doubt but the house was actually broke open; the next question is, whether there was any person in the house at the time, to that you have the prosecutor's evidence also: the next question is, as to the value; now where the house is broke open in the day time no person being in it, it makes a very material difference as to the degree of guilt and the degree of punishment, for if the value does exceed five shillings, in that case it is capital; the articles now produced are much above that sum, and therefore, if you are satisfied with this

I live in Lower Brook-street, Grosvenor Square ; I am a house-keeper ; on the 26th of January last, I lost several things out of my house, the night preceding, I went up to bed about twelve o'clock, and carried my shop-books with me; I made no observation of my house being fast, me, and my wife, and a maid, and a man, and an apprentice, were in the house; I cannot tell who was up last, I arose about half past seven, when I came down stairs I observed some drawers on a chair in the parlour, which were brought out of the front shop, and were there when I went to bed; I carried them into the shop again, and the maid came crying up stairs, and said, we were robbed, I went down stairs, and the back kitchen window was standing straight out, with the line pushed strait out, I went up stairs, but I missed nothing then; afterwards the patrols came to me with a silver spoon, and the inventory of the things which they had taken to the watch-house, I do not know what I lost.

JANE BOX sworn.

I am aunt to the prosecutor's wife, I lost the things mentioned to be mine in the indictment.

What were the value of those things? - About a guinea, the things are in Court, the patrols produce them.

Were these things in the house the night before? - Yes.

Was you the last person up? - No.

JOHN DISNEY sworn.

I have an inventory of the things that are took, I am one of the patrol of St. George's Parish, Hanover Square, on the 27th of January, as my partner and me were upon duty, going up Oxford-road, near Grosvenor Square, we met three boys coming down, one of them had a bundle, which is Davison; this is the bundle, we seized him with the bundle; the other two, to the best of my knowledge and belief are the same but I cannot positively swear to them, I swear to Davison.

You took the bundle from him? - Yes; I asked him where he had been at that hour in the morning, he said, he had been up to Hammersmith, I asked him what he had in the bundle, he said, foul linen, he was taking them to his mother's, she was a laundress, I took them to the watch house, and found the bundle quite different to what he had said, I asked him when we got to the watch-house, who the other two were, and he said, he met them on the road, and they gave him a shilling to carry the bundle, the other two ran away.

Has the bundle been in your custody ever since? - Yes, ever since.

(The things produced and deposed to.

Court to Prosecutor. Will you take upon yourself to swear that these things were in the house that night? - Yes.

I am servant to the prosecutor, I went to bed about twelve o'clock, I went the house, it was all fast; the next morning about eight, I found it broke open and the kitchen door was wide open.

Who was first up? - The apprentice got up before, but he did not know the house was robbed.

Might not the apprentice have opened it? - No, Sir.

Is he here? - No, I observed the kitchen poker lay on the dresser, I went into the back kitchen, and the tinder-box lay on the table, it was not there the night before, it was in the work shop, there were two or three windows broke, one window was in the middle of the kitchen in the wall, and was not made to open, some of the iron was broke, any little boy could get in, this window looked into the fore kitchen.

Had that window any communication with the outward door? - No.

Then a person from the outside could not break that, they must have got in before? - They got in at the back kitchen window.

How was that broke? - It was pulled out half way, any person might have access through that window, I observed the window to be fast when I bolted the back kitchen door the night before; I went up and told my master in the shop.

Did you search whether any thing had been taken away? - Not just then, I did not, I lost two aprons. (The aprons deposed to.) These aprons were with the other things for the purpose of being washed.

JANE BARKLEY sworn.

I am wife to the prosecutor, I went to bed about twelve o'clock, I saw the girl bolt the back kitchen door, and we went to bed, and in the morning my husband came up and informed me that the house was broke open, then I came down, and the first thing I saw was the poker laying on the dresser with which I suppose they had got into the front kitchen, I could almost get in myself, there was a bottle with some physic in it, and a glass without a foot, I suppose they had been tasting it, thinking it was some liquor; I suppose they did not get out the same way that they came in, I believe one of them got in at the kitchen door and went and unbolted it, I only lost a shaul which is here, and a bed gown, and an apron, a pair of stockings, and a table spoon, I have the fellow of it in my pocket now.

(The table spoon produced by Disney, which he found at the lodgings of the Prisoner Love.

THOMAS UNDERHILL sworn.

I am the other patrol, we met the three prisoners about three o'clock in the morning, the lower end of Brook's-street, Grosvenor Square; the prisoner Davison had this bundle on his back, stopped and asked him what he had there, he said some dirty linen, that his mother was a laundress, and he was going to take it to his lodgings; I told him to go with us, I took him to the watch house, the other two ran away.

PRISONER DAVISON's DEFENCE.

They promised me that I should be an evidence, if I would tell who the other two were.

Court to Davison. Have you any thing to say to the fact? - No.

PRISONER BARLOW's DEFENCE.

I know nothing at all of it.

PRISONER LOVE's DEFENCE.

I work at the carpenter 's business, I rented a room, and went to bed at half past nine, and this little lad came in and went to bed along with me, he said, he was locked out; I have known his mother some years, and she knew my mother, and he got up at twelve o'clock, he said he was going home, and was affraid his mother would link him if he lay out all night, he went and about six in the morning he came in, and said, he had been walking the streets all night, and that he could not go home for he was afraid, and he lay down again, and the patrol came and searched the room, and found a table

Prisoner Davison. I have friends enough, but they did not know I should be tried today.

Jury. Is there nobody comes after that child, Benjamin Barlow .

Mr. Akerman. There is a hard working woman his mother, that comes after the child.

JOHN DAVISON , GUILTY , Death .

BENJAMIN BARLOW , DANIEL LOVE ,

NOT GUILTY

Tried by the first Middlesex Jury before Mr. Baron PERRYN.

Reference Number: t17840225-6

235. GEORGE BARRINGTON was indicted for feloniously stealing, on the 31st day of January last, one silk purse, value 2 s. ten pieces of gold coin of this realm, called guineas, value 10 l. 10 s. and one piece of gold coin of this realm, called a half guinea, value 10 s. 6 d. the property of Sir Godfrey Webster , Baronet , privily from his person .

(The Prisoner challenged William Jackson as one of the Jury, on which account William Corne was sworn in his stead.)

Sir GODFREY WEBSTER sworn.

On Saturday, the 31st of January last, about half after ten o'clock, soon after the opera was over, I was attempting to get into the tea room, but there was such a prodigious number of people, and the room was so crowded, I could not get in without great inconvenience; I leaned against the door way; I had a new gold watch chain, which had caught on a lady's clothes, and I took it in my hand to put it into my fob, in doing which, I felt a silk purse in my pocket, which contained a fifty guinea note of Hamersley's and ten guineas and a half; a part of my hand rested slightly on this purse, and barely touched it; I felt in half a minute a person lean against my right shoulder, which was next the passage; that was the prisoner; I looked him steadily in the face, and while I was so doing I felt a gentle pulsation just above my right cuff; I thought it was singular that any body could be so cold to tremble at the opera; in a very few seconds after, I perceived my purse was gone; my Lord Westmorland was standing by me, and I told him I was robbed; that person that leaned against me had walked away.

Court. Did not you perceive your purse go out of your pocket? - No, I did not.

What was there in your purse? - There was a fifty guinea note of Hamersley's, payable at sight, and ten guineas and a half in gold; from feeling the purse in my pocket a very few seconds before that person leaned against me, and missing it a very few seconds after he walked away from me, and before he was out of my sight, I was thoroughly convinced he was the person that took it; had I known his name and his former character I should without the least hesitation have seized him on the spot, but his dress and his appearance put him externally so much above committing a crime of that sort, and not wishing to make a riot and bustle in a publick place, I resolved not to disturb the society at that instant, but to follow him; I followed him from the passage door where I stood by the outward lobby, between twenty and thirty feet to the outward lobby where the stove is, and where the money is received from people that come to the opera; he turned into the inner lobby that leads to the front boxes to the right; he there addressed himself to a little man in a dark brown, or a snuff coloured suit of cloaths; and I think laid hold of his arm, as I do of Sir Robert Taylor 's now, and said, is the carriage ready; whether that person made any reply to him or not I really cannot take upon me to say, he then turned short about, passed by me, and went into the outward lobby again; he then made a semblance of joining some ladies, who were going into the great hall where the servants were, he proceeded with them till he came to a slight of seven or eight steps which were very much crouded with servants who wait there, and as he descended the steps through a line of servants on each side, he rather raised himself a little as if looking for his domesticks, and cried, are my servants there; the door which goes out of the opera faces the upper

of the three arcades; he went through the line of servants, but instead of proceeding strait forwards which he should have done, he deviated to the right and went out of the center arcade; I followed him without saying a word, or making the least gesture or hint of suspicion, at the distance of between four to six feet; when he came to the centre arcade, he took rather wider steps across the stag pavement, but he did not run; the moment he put his foot on the kirb stone of the pavement he set off, stooping under the pole of a carriage that had two bay horses, into the center of the Haymarket; I pursued him down the middle of the street through the carriages, as they were going on, to very near the bottom of the Haymarket, in Pall-mall, where he attempted to throw himself under a coach; I threw myself upon him and caught him by the skirt of his coat; finding I laid hold of him I believe he said, zounds, Sir, what do you mean, but however he said, Sir, what do you mean, I am a gentleman, or words to that effect; I said to him, Sir, it is an aukward thing to mention, but I think you have robbed me of my purse, or that you have stole my purse; he rather made some effort to get away; I took him by the collar and shook him, and said, Sir, do not compel me to be rough with you; a great concourse of people naturally got round us, and we were some how or other carried by the press opposite to Pinchbeck's, and a coach was called, which he was half way forced into, and my foot was on the step, I objected to going into the coach, and said, I should carry him to the Opera-house; I did so; and at the Opera-house and frequently after, he said, Sir, have a care, I am not the sort of person you take me for, you will get yourself into a scrape; pray Sir, do not expose me; take care what you are about; but whether he said it before we got to the Opera-house or after I cannot say.

Court. You had no knowledge of him before? - No, Sir, I never saw him before; when I took him to the Opera-house I asked for the constable, who seeming to be a a stupid ignorant fellow, and I had my doubts whether he was quite sober; I called to the corporal of the guard, as I wanted to find my buckle, which I had lost, and likewise to caution the company there; I think the corporal's name was Bridgen; I bade him be answerable for him as a military man, for me, a Member of Parliament; Mr. Breadhill offered to walk up with me to the Rotation-office; I returned to the corporal and said, can you spare me a couple of men to take this man up to the watch-house, he said, yes, and gave me a file of soldiers, and I went up with him to the watch-house; in the way to the watch-house he repeatedly said, Sir, have a care, you will get yourself into a scrape, I am not the person you take me for; I was rather irritated, and said at last, if you have any friends that can speak for you I do not wish to expose you, I will take you to a tavern or coffee-house, and you may send for your friends, but I will never quit you; upon his again repeating it, I said, to him, if I have done you any injury I will beg your pardon or do any thing you wish; I am the last man in the world to do a thing of this kind unoffended; he bowed his head and made no answer to that; when I conducted him to St. James's watch-house, I gave the soldiers something, and left him in the custody of the constable of the night, and at the same time desired him to tell me his name, which he did not refuse, but made a sort of waving his hand and a bow; when I had given in my own name, and he had declined giving his, I was going, not being used to transactions of this sort; but one of the constables said, Sir, would not you have him searched; the prisoner then walked up to me and said, Sir, I am sure you are a person of too much feeling and delicacy to have me searched by vulgar fellows of this sort, my dress and appearance do not make that necessary; but however, he was searched without the least scruple; they stripped him, and upon him were found a few shillings, some papers, and a lancet, which lancet I can swear to, and I think there were a small pair of compasses, and a box of Irvin's lozenges for a cold;

he had on a white marcella quilted waistcoat, an under waistcoat, a new plain blue coat, black sattin breeches, and clouded silk stockings; he was perfectly well dressed, and there was a sort of bandage under his waistcoat: they searched him very minutely, even to his hair, but nothing of mine was found upon him; I went to Mr. Breadhill's house to get my hands and face washed, and a fresh pair of shoes, and a message came there to inform me, that the person who robbed me was George Barrington ; it seemed Sir Robert Taylor 's son coming home, came past the watch-house and knew him, I returned immediately to the watch-house, and there I found Mr. Taylor, Sir Robert's son, I then gave the deposition as nearly verbatim as I have to your Lordship, and swore to it; after the deposition was over they asked me when I should appear against Barrington; I said, Mr. Barrington, if that is your name, I do not wish to oppress you or any man; I do not wish to hurry or drive you; he made a bow and said, I think you Sir, your time is mine; I immediately said, on Monday; but on Monday morning a transaction happened, which, whether I am to narrate or not I cannot say; I shall certainly submit to the Court; it was a message I received from a Mr. Mitchell, whom the magistrate thought proper to bind over.

Mr. Chetwood Prisoner's Council. Will your Lordship hear that.

Mr. Justice Gould. If in consequence of that message you had an interview with the prisoner afterwards, it would be evidence? - I had not any further than seeing him at the office in Litchfield-street.

Court. You mentioned at the door of the tea-room there was a very great crowd? - Yes.

Was there any body within your touch, or near you, that you suppose could be guilty of a fact of this kind? - There was nobody near me; there were many people to the left; the room was as full as it could be; the prisoner leaned against me, which I thought so extraordinary a thing that I looked him full in the face; my left arm was to the room which was very full, my right arm was next the passage, I had a little gold chain doubled up in my hand, my purse was in my right hand pocket, I felt it not three seconds before that person leaned against me, and I missed it not three seconds after.

Court. There was no person near you but the prisoner on the left-hand side? - No, I fancy nobody within five or six feet, somebody might be standing behind him, or retired where I could not see them, but I saw nobody but him, and he leaned against me.

Mr. Chetwood. Pray Sir how long had you stood at the door of the tea-room before you observed any thing at all? - I fancy about a minute and a half, I had been at the other side of the house, the tea-room is the right-hand side.

Did nobody pass you in that time, Sir Godfrey? - I rather think not, I do not recollect.

They might, but nothing struck you? - Nothing at all.

You say Sir, you had wrapped up your chain? - No, I held it loosely in my hand, my hand rested on my pocket, and in putting my hand into my pocket, which I did when I went into the door-way, I felt my purse.

I think you said just now that you thought you felt your purse? - I said so then, but I mean to say now, I am sure I felt my purse.

Court. I took it so.

Mr. Chetwood. This person leaned against you? - Yes.

And you was going into the room, and was prevented by the crowd, may be you leaned against somebody? - No, I did not, there was a lady next to me, and I should not lean against her.

You did not observe him do any thing? - Yes, Sir, I felt five or six very slight pulsations over my right cuff, like a person shaking.

It was a very cold night? - Yes, but it was exceedingly hot in the room.

And you saw him speak to a person to ask him if the carriage was ready? - I did.

Did you ever see that person afterwards? - I never saw him before or since, I should not know him now, I saw the prisoner speak to him.

What I mean is, what you may understand, Sir, did you observe him give any thing to the man, or was it possible he could give any thing to that man? - I am perfectly well aware of the insidiousness of that question.

It is not an insidious question, Sir Godfrey; had you him in your eye all the way till he came to the door? - I did not see him for three or four seconds, I saw him go out of the door, and I did not see him for three or four seconds after.

Was you by when he was searched and nothing was found? - Yes.

From the time you missed your purse, had you him so much in your eye all the time, that it was or was not possible for him to deliver any thing to that person? - What he gave to this person in the snuff-coloured coat I cannot take upon me to say, I did not see him give any thing; he joined some ladies, I did not see how his hands were employed at all; nothing of mine was found upon him.

Court. You say you did not see him for a few seconds? - No.

Are you sure it was the same person? - I have not a shadow of a doubt, if I had I would not say it was the person, I am perfectly clear that was the person, perfectly sure of it.

James Mitchell called, but did not appear.

Court. If in consequence of the message received from this witness, Sir Godfrey had found where his purse was, it would have been evidence; but, as it is, if he was here I should not examine him, therefore I shall not estreat his recognizance.

Court to Prisoner. What have you to say?

PRISONER's DEFENCE.

May it please your Lordship, and you Gentlemen of the Jury: I had an opportunity to see the opera on this Saturday night, through the means of a performer belonging to the house, who received from me at the same time surgical assistance; when the opera was over, I had proceeded as far in my way home as the outward door, and I found the foot-way to the right and left so taken up with chairs, chairmen, and link-boys, that it appeared to me the best way to go strait across if I could; I had another reason for this choice; I had appointed to meet an acquaintance at the Orange coffee-house, it was a fine moon light night, a very severe frost, and the ground in the middle of the street as dry, or drier than on the foot pavement; I had got about half way across the street, when one of the many carriages which are assembled there on such occasions, driving very hard, obliged me to use my endeavours to avoid the danger of being run over, I proceeded some little way down the Haymarket, within about one hundred yards of the Orange coffee-house, when Sir Godfrey laid hold of me, I had never seen him before, and he charged me with having his purse; I did not make any resistance, or endeavour to avoid giving him every satisfaction in my power, I advised him to go into the coffee-house, and I hope I shall not offend in informing the Court, that he swore in the most violent manner that he would not be convinced; if I do not mistake, he damned his heart and his blood, and expressions of that kind, that he would not be convinced; I was brought to the watch-house immediately, and when I was there, previous to my being searched, I told him he was mistaken, he told me he suspected me, and if he was mistaken he would give me every satisfaction, he would fight me or any thing else; I was searched as you have heard, and neither his property, nor the property of any other person was found in my possession; you observe gentlemen,

the prosecutor has not said that I ran till I reached the outward door; he has said, that after he had missed his purse, he followed me first in the inner lobby, then into the outward lobby, from thence down the large flight of stone stairs, and then through a large stone hall; he followed so close that he heard, or fancied he heard me say something about a coach or servants, expressions which might have been made use of by some gentleman that was there, and mistakenly attributed to me: You will perceive, Gentlemen, that in all this time of his following me, he did not accuse or molest me, thought it is evident, and I hope will appear to you evident, that he might have done it ten times over; I do not know whether you have been able to perceive the temper and disposition of the prosecutor; but this is certain, that he is fiery and hot, and of that I could give many convincing proofs; you will be the best judge, whether if his suspicions were well grounded, he would not have charged me on the spot, and taken me into custody; as to my running, I hope it may be accounted for, the coldness of the night, or a desire of being home by times, may induce a person to make more than ordinary speed; This is my case, and I most humbly hope that the Court will hear me with patience; it is not my interest or my inclination to offend any person in this honorable Court, and if I should happen to let drop any expression which may not be strictly proper, I trust it will not be construed into an offence, but that it will be imputed to arise from that anxiety and desire of vindication, which every man in my unhappy situation must naturally feel. Gentlemen of the Jury, if you were to be asked whether any rumour or report to my disadvantage had reached your ears, unconnected with the present, you would perhaps say yes; if you were asked again, whether you would suffer yourselves to be influenced in the smallest degree by such a rumour or report, I am sure you would with one voice cry God forbid! I trust therefore, Gentlemen, that no insinuations, or rumour, or suggestions, from what channel soever you may have received them, will induce you to deprive me of life, or to condemn me without clear and substantial proof; but as prejudice from such reports, will sometimes penetrate into the minds of the best and wisest, and make an impression before they themselves are aware, of it, you will do well, Gentlemen, and I most humbly and earnestly beg of you, before you determine your verdict on this occasion, to ask yourselves one question; would you on the evidence you have now heard, condemn any other person of whom you had never heard any thing before the present time. Gentlemen, my life is in your hands, and I do not address myself to your feelings, but to your candour and impartiality.

Court to Jury. Gentlemen, you have a trial that requires your very serious attention, and you will divest yourselves of all prejudice that might arise from any thing that you have heard before concerning the prisoner at the bar, and confine yourselves to the evidence in this case: Gentlemen, the prisoner is indicted for a capital offence, in privately stealing from the person of Sir Godfrey Webster a purse and money: the question for your consideration will be, whether, upon this evidence, you are of opinion that he was the person that actually took the purse or not, and whether there is sufficient evidence for you to be sure, and to conclude, that he was the person without any hesitation or doubt. The evidence for the prosecution is that of Sir Godfrey, the prosecutor only. [Here the learned Judge summed up the evidence and then added] Gentlemen, this is the whole of the case, and upon this evidence there is no pretence to say, that this purse was not taken privily from his person, therefore, it is either a capital offence or no offence at all: I told you before that you must divest yourselves of every circumstance that you have heard relating to the prisoner, you are to judge whether he was the person that took the purse or not; the evidence appears to me to carry presumption with it, but there is not such proof in a case of life as appears to me

to be satisfactory: there is strong reason of suspicion, but you must be satisfied in your own consciences, that the prisoner at the bar was the person; it was a place crouded, it was at the Opera House, Sir Godfrey was at the door of a room full of people, there might be other persons behind the prisoner at the bar, on his right side; the prisoner was immediately pursued, Sir Godfrey the prosecutor had his eye upon him and observed him, and saw him shift no property to any other person, and the prisoner is searched minutely at the watch-house, and no property found on him: it seems to be such a sort of a case, that whatever your suspicions are, there does not appear to me sufficient grounds to convict him of a capital offence.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron PERRYN.

Reference Number: t17840225-7

236. DANIEL GUNTER was indicted for feloniously assaulting Joseph Campfield , on the King's highway, on the 9th day of February , and putting him in fear, and feloniously taking from his person and against his will, one shilling, his property .

JOSEPH CAMPFIELD sworn.

On Monday the 9th of this month about nine o'clock at night, I was robbed near the Red Cow, Hammersmith .

Court. Is that house in the public street? - Yes.

Was any one with you? - Yes, it was in the Brentford Stage, Elizabeth Booth was with me, nobody else, the coachman stopped at the Red Cow to water his horses, and when he came out, a man on horseback followed him, I do not know the man, and he called the coachman on one side, but what passed I do not know, the man then directly rode off, and the coachman came to the coach door, and opened it, and asked me if I had any matters to lose; I asked him why, he said, a man had called him on one side, and asked him who he had withinside, and he told him, he had only two servants out of place, and had been so some time; he drove on, when we had got a little distance from the Red Cow, a man came up and stopped the coach in the open street.

Court. How far might it be from the Red Cow? - About forty or fifty yards, and the man demanded my money, he had a pistol in his hand, I gave him what money I had, which was only one shilling, he then demanded my watch, I told him I had none, I had one but I had concealed it, he told me if I did not deliver my watch he would blow my brains out, and with that, Elizabeth Booth gave him her money, he took that and rode off.

Court. How long might he be with you? - A very little while, about a minute or two.

Can you speak to the person of the man? - No, really I cannot, my Lord; it was nine o'clock at night.

Was it dark? - It was not very dark.

Was there any moon? - None, that I recollect.

Did you observe the colour of his clothes? - In dark coloured clothes he appeared to be.

You saw he came out from the Red Cow on horseback? - Yes.

Did you observe the colour of the horse? - It appeared to me to be a bay horse.

You are not sure of it? - No, I did not take particular notice of him.

When did you see this man afterwards? - I never saw him afterwards to my knowledge.

Then you have nothing to say against the prisoner? - No, I do not know that I have, I do not know that is the man, I saw the prisoner the next day at Bow-street.

Was you sent for? - Yes, I was sent for from Brentford.

ELIZABETH BOOTH sworn.

Do you know the last witness? - Yes.

Was you and him in the Brentford coach? - Yes, on the 9th of this month, it was about nine o'clock.

Did you see any man on horseback come out of the inn at that time? - I saw a man on horseback go into the house, and give

the hostler his horse, he came out and went behind the coach and spoke to the coachman, he came from behind the coach, and mounted his horse and rode off, the horse was held at the door; the coachman came and told us we should be robbed, and the young man that was in the coach asked him what reason he had to think so, and he told him that a man on horseback had just called behind the coach, and asked the coachman whether he had any body in his coach that could stand against him, the man gave the coachman a glass of brandy, we begged to get out, but the coachman said he would run all hazards, and we had not gone twenty yards before he stopped us, he had a pistol, and he presented it, he asked us for our money, and said, if we did not give it him he would blow our brains out.

Court. Did you observe whether Campfield gave him any thing? - Yes, he gave him what silver he had, and I put my money into my glove, but the highwayman was so quick upon us, that I gave him my glove and money together; he robbed us both, he asked the young man for his watch, and the young man said he had never a one; he said if he did not give him it he would blow his brains out, but on my giving him my money in my glove he rode off.

Did you take such notice of the person that robbed you to know him again? - No, Sir, I would not pretend to swear to him.

Did you observe any thing of his clothes? - He was dressed in brown clothes, but I cannot say particularly.

Do you know any thing of the horse? - No, I was sent for to the Justice's, but I could not swear to him.

THOMAS BRADLEY sworn.

Did you drive the Brentford coach on the 9th of this month? - Yes.

Do you remember these two persons being in your coach that night? - Yes.

Did you stop at Hammersmith? - Yes, at the Red Cow, about half after eight.

Did you go into the house? - Yes.

Do you know the prisoner? - Yes, as I was coming out of the house he came in, he met me and struck me in the face.

Court. What in anger? - I do not know, I did not see him till I felt him. I took him a bit of a push with my arm, and took him I did not like it; he then asked me if I knew him, I said, no.

Court. Did you not know him at that time? - No, I did not know him till he told me who he was; he asked me to have something to drink; I told him I had had enough; he desired me to have a glass, and said it would not hurt me; I had a glass and he had another, I thanked him, and was coming out of doors, I took hold of my reins to get upon my box as usual, then he called to me, and said he wanted to speak to me, and I went by the side of the coach, rather behind; he then asked me who I had got inside; I told them there were two poor people going to Brentford, that I had plenty of room; I thought he wanted to tie his horse, which the hostler had in his hand, and ride withinside; I never looked at the horse to take any notice of it; he then asked me if the passengers had got any money; I told him no, I did not think they had; he staggered up against the windows, and said he warranted they could stand a guinea, and he would give me half; he seemed to me to be very drunk; I told him I could work for half a guinea as well as he could; he then mounted his horse and rode away; I stopped about ten minutes, but I spoke to my passengers first, and told them if they had any money to leave it with the landlord.

Court. Should not you have done well to have seized this fellow, and taken care of him? - It was impossible for me, we are afraid to do that, because often times a passenger will run away, and not pay us, and if we go to hold them, they summons us before a Justice of Peace.

Court. What was your opinion of it? - I could not tell whether he was romancing; I drove on, and in about fifty or sixty yards I was told by the prisoner to stop.

Was it the same man that you drank the glass with, and had this discourse with, was

Look round and see whether the prisoner is the man? - To the best of my knowledge he is.

Did you see any other man before you saw him? - I saw one other man before I saw him, there was another man came past before he rode away to London.

When this man that you talked with mounted his horse, which way did he ride? - I cannot say.

Which way did the man come from that stopped the coach? - He came from Brentford.

What did he say? - He told me to stop, or he would blow my brains out; I went on, he had something in his hand, then he rode up rather before me again, and told me to stop, then I stopped; the man rapped at the coach, and told them to put down the blinds, and I heard him ask the people in the coach for their money; he staid about two minutes.

Was you before the Justice? - Yes, on the Saturday following, it was on Monday the coach was stopped, and the next day I was rather in liquor; on the Saturday following I saw the prisoner at the bar.

Did you know him again? - I did not think I could be certain of him.

Court. Had you such a discernment of his face at Hammersmith? - I did not stay any longer than my liquor was poured out, and he drank his.

Then you did not take sufficient notice of him at Hammersmith to know him again? - I did not take great notice of him, I rather had doubts of him, I do not think I can be perfect as to the man.

CHARLES JONES sworn.

I have nothing to say against the prisoner; a friend of the prisoner's came to me the 8th day of this month, and hired a horse of me, the prisoner was in company with him.

What coloured horse was it? - A chesnut horse; the prisoner told me he was going to Greenwich, and to return that afternoon; on the Tuesday following I met with the horse at a stable in Long-acre, and I was informed he was forfeited; I know nothing of the prisoner, only that my horse was in custody.

SAMUEL MAYNARD sworn.

I am one of the patrol on the Brentford road, on the 9th of February we were out about eight o'clock, and I met a post chaise and four between Kensington and Hammersmith turnpike gate, and the gentleman that was in the post chaise informed us he had been fired at by a single highwayman, giving us a description of his clothes and horse, which was a bay horse with a switch tail.

Court to Jones. Does that answer the description of your horse? - Yes, the horse I found in this man's possession is my horse, my horse is called a bay chesnut, with a switch tail, commonly so called.

Maynard. We went to Hammersmith, and enquired for such a person, they said there had been such a person; after that I returned back to Kensington turnpike-gate, and when we had got within three hundred yards of Kensington gate, we heard a horse coming very fast; we then set off, and ran three of us, and left two men behind, there were five of us all together, and in a few minutes the horse came up, he did not ask for the gate to be opened, but ran against it, and it almost dismounted him, and I laid hold of him and saw a pistol stick on one side of his pocket; I seized him, that was the prisoner at the bar; he was about to lay hold of the pistol that was in his pocket, and I took it out of his pocket; we then took him off the horse, and took him into the turnpike house to search him, there we found another pistol in his other pocket, and in his right hand coat pocket there was found a woman's glove, with two shillings and threepence halfpenny in it, I did not take that out; in his waistcoat pocket was found some powder and balls; in his breeches pocket there was two shillings and sixpence and half a guinea; the pistols were loaded with powder and ball; he was taken the next morning before Sir Sampson, the two passengers were there,

but I believe they said they could not tell whether it was the same man; we took the horse to the George in Long-acre, and it was there when Jones claimed the horse; the coachman was at Sir Sampson's the next morning on the 10th, with his coach, he saw the prisoner, and said he could not stop, but that that was the man that had treated him with brandy.

Court. What do you say to that, you told us you was not there till Saturday, you said you was fuddled the next morning; was you at Sir Sampson Wright's the next morning, recollect yourself? - I was not had before any magistrate, I was up at the office, I was up there, and took up some passengers from the the Brown Bear.

Was you there when Camfield and Elizabeth Booth was there? - That was on the Saturday.

Did you see the prisoner at the Brown Bear? - I had been drinking that night and the next morning, I do not know who I saw; I had been drinking the most part of the night and the next morning.

Court to Maynard. Did he appear to you to be sober? - He did.

Did you hear that man say, that the prisoner was the man? - He said it many times over that the prisoner was the man, and he could swear to him; he appeared to me to be as he is now.

Coachman. I had been drinking most part of the night, and I had drank a great deal of purl, and one thing or another.

Court to Maynard. What did the prisoner say? - I do not know that the prisoner spoke.

Did you see the coachman there on the Saturday? - Yes, and Sir Sampson Wright was very angry with him.

Court to Coachman. Did you, or did you not, say that the man that gave you the glass of brandy was the man that stopped you? - I did not tell my master the words that Mr. Maynard says, I told my master I had stopped at the Red Cow, and set down two passengers, and that a man gave me a smack in the face, and that he gave me a glass of brandy, and that I had not gone above fifty yards before I was stopped; I did not to my master, that the man that stopped me was the man that gave me the brandy.

Court to Maynard. Was this man's coach there? - Yes.

PETER THOMAS sworn.

I am one of the patrol, I was present when the prisoner was taken; I found in his right hand coat pocket a pistol, loaded with powder and ball, and this glove with money in it; he had a pistol in his left hand pocket.

Elizabeth Booth . That is my glove, I have the fellow of it.

Court. What money had you in that glove when you lost it? - I had about eight or nine shillings, but there was not so much money when the patrol took it, I gave the highwayman my glove and money in it.

Jury. Is that the glove that you gave the highwayman? - Yes.

Court. You are sure that is the glove that you delivered to the highwayman? - To the best of my knowledge it is.

Have you got the fellow here? - Yes.

(The two gloves shewn to the Jury.)

Court. Were the two gloves fellows? - Yes.

Court to Thomas. What money was in the glove? - Two shillings and three half-pence.

Court to Booth. Was your money all shillings? - There was one half crown, and the rest were shillings, and five pence in halfpence, there was about six shillings besides the half crown.

Court to Thomas. What silver was there found in the other pocket of the man? - One shilling and two sixpences, one half crown, and half a guinea, and a penny, that was in his breeches pocket.

EDWARD HUGHES sworn.

I am one of the patrol, and I was in company with the rest; I was present at the apprehending the prisoner, and I saw him searched, he was taken at Kensington gate, I held his left hand while he was

searched; I saw Maynard take one pistol out of his pocket, and Thomas took another and a glove; and I went the next morning to search his lodging found a loaded pistol over his bed.

Did you see the money taken out of his pocket? - Yes.

How much? - I cannot say.

PRISONER's DEFENCE.

I went down to Windsor on the Sunday evening, I stopped there all day on Monday, and spoke to the waiter about a place, and him and I could not agree upon terms, and I set out from Windsor on Monday night about five o'clock, and I was taken by these men; they came directly and pulled me off my horse, and lugged me into the public house, and took the pistols out of my pocket, and what else they took I do not know; but one of them struck me, I was a good deal in liquor when I was taken, very much, I could hardly set on my horse, and perhaps I might go up against the gate pretty hard; I believe I have witnesses to my character.

The prisoner called eight Witnesses, who all gave him a very good character.

GUILTY , Death .

Tried by the first Middlesex Jury, before Mr. Justice GOULD.

He was humbly recommended to mercy by the Jury.

Reference Number: t17840225-8

237. JOHN FOX and JOHN JONES were indicted for feloniously stealing, on the 16th day of January last, five weather sheep, price 50 s. the property of John French .

JOHN FRENCH sworn.

I live at Carnaby-market ; I am a butcher ; on the 16th of January, in the afternoon, I missed five weather sheep, which should have been in a stable; I enquired after them and offered a reward; my drover gave me hints and suspicions that they were killed at some butcher's, I thought I should know the mutton, I searched several shops on the Saturday morning, that I thought did not sell extraordinary good meat, and I searched one shop, and there I found two large hind quarters of mutton, at the shop of Edward Davis , one of the witnesses: those hind quarters answered in my own mind, for we can form some little judgement, but not enough to swear to the mutton; however I thought they were mine; I asked Davis, whether he killed in his own cellar, he said, no, in Drury-lane; his wife shewed me backwards to the yard; I then went to a neighbouring butcher's shop and enquired the character of this Davis, and I applied for a search warrant at Bow-street, I employed two men to watch the house while I was gone, that nothing came out; Sir Sampson would not grant me a warrant till I swore I believed the mutton to be mine; we then searched the house, and found hid under the cellar stairs in dirt, I imagine concealed, four sheep skins; I examined them had a knew them to be mine, they had a private mark of my own, and one of the owners; the skins had laid so much in the dirt that I could not swear to them; the large sheep had very broad oaker upon it, and I am sure, in my own mind, that all four were mine; on searching the house farther, I found a pair of hind quarters of mutton concealed in a bedstead; I also found a pair of fore quarters in a dirty place, which were very dirty, and which they said had been gnawed by the pigs: Davis was not there when they were found; he went out, after he had told me where he killed, under pretence of going to a customer in Pall-mall: Davis absconded.

Court. Do you know any thing of either of the prisoners? - No; one of the prisoners came near the place on the Saturday morning, when we and the warrant and Sir Sampson's it proper to apprehend him, but he was dismissed.

When was taken? - I do not know; It was by Sir Sampson's order; the sheep skins were certainly mine.

I am a drover; I put ten sheep in Mr. French's house the 14th of January; I have seen the sheep skins shewn me by Mr. French; I knew them again; they are Mr. French's skins.

Court to French. Were the skins you shewed that witness, the same you found in Davis's house? - They were the same skins.

Court. Do not permit the witness Davis to go out of Court, look to him.

JOHN TOWNSEND sworn.

On Saturday, the 17th of January, French came up to the office for a search warrant, to search a butcher's shop in Exeter-street; it was granted, and I, in company with another officer, went down; we searched as narrowly as we well could search; while French was searching up stairs, I and another officer was searching below, and underneath the stairs, I stepped my foot in a puddle of water, it was a very nasty place, and there were four sheep skins underneath the stairs; I immediately called down French, he came and looked at them, and said they were his property; I found nothing else in the house but what Mr. French found above; there was a vast quantity of mutton.

When was Davis apprehended? - That day, while French was getting the sheep skins and best part of the mutton which he said he believed to be his; one of the prisoners whom I knew before, and another man in company with him, came near the shop; says I, what is the reason of their lurking about the shop; I came up with them, and they whipped into a public house, and I brought them before Mr. Justice Gilbert, but there being not a tittle of evidence to affect the men, they were discharged; that night I was in search of Davis but did not find him; one of the captains of the patrol knew Davis, and Davis sent him a note that he would resign himself up upon conditions of no harm coming to him, and he would tell of whom he got the five sheep; and in consequence of that the two prisoners were apprehended afterwards; it was the patrol that gave him the promise.

Court. I shall not examine Davis the witness, because he is the man that ought to be prosecuted.

Townsend. I do not know whether the patrol promised him any sort of favour if he would resign himself; the patrol is not here.

Court. Davis was a man known by the patrol, was not he? - Very well, he had been abroad with him.

You could have taken him up in a few days? - Yes, my Lord, unless he had left the country.

Where is that patrol? - He is at the office, his name is Allen.

Prosecutor. The wife of Davis said that he was going to Portsmouth, but would return if I would shew him favour, for he said, death was preferable to exile, or something to that effect.

Court to Townsend. How came any of your officers to presume to do any such thing without the advice of the magistrates? - I cannot say, I was not at the apprehending of either of the prisoners.

Do you know what answer was sent to Davis's information, or how he was taken up? - I believe that he came to the office the very day that Allen sent for him.

But how could Allen presume to send for him without the authority of the magistrate?

Court. Gentlemen of the Jury, in this case it is certainly, at least unnecessary, if not improper, to examine Davis; there is full evidence against him from these witnesses to prove him at least an accomplice, if not a principal in this fact himself, therefore the evidence of him as an accomplice, stands in such a light in point of law, that it cannot be received, as the law will not admit any person to be convicted on the single testimony of an accomplice; there is not now one tittle of evidence against either of the prisoners, and you could not, in point of law, convict them on the evidence of Davis, there being no other circumstance against them.

Mr. Justice Gould. I have known multitudes of these improper instances.

Mr. Recorder. Magistrates should be very cautious who they admit as evidence, not to admit those against whom there is clear evidence, unless they have reason to think important discoveries can be made.

Court to Davis. There is the most clear and satisfactory evidence to the Court, that you, whatever the other prisoners might be, are guilty of this offence, and if you had been in the situation of the prisoners you would have been convicted, therefore take warning; but having surrendered on the assurances of this man, however improper, the Court will not now proceed against you, but it will be remembered if you should be found guilty of any thing again; for you are much more guilty than these men, as you are a shop-keeper yourself. - Let him be discharged, but let the officers keep an eye over his conduct.

Mr. Justice Gould. The officer ought to have gone to the magistrate and asked his advice about it.

Tried by the first Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17840225-9

238. HUGH GRAHAM was indicted for feloniously stealing, on the 16th day of January last, eighteen yards of painted floor cloth, value 5 l. the property of John Barnes , privily in his shop .

JOHN BARNES sworn.

I am a floor cloth manufacturer , the corner of Bow-street, Bloomsbury ; on the 16th of January I lost some floor cloth; I and another person, one Evans, were in the parlour, I heard a rustling in the shop at two different times; I got up twice, and the second time I missed some cloth out of the window; I lost about twenty yards; the value of the whole was near 5 l. but the value of this piece now produced is 3 l. I asked a little boy, and he pointed which way the man went, and Mr. Evans went one way, and I another, into Dyot-street and I saw the prisoner walking gently along with the floor cloth on his shoulder, and I secured him, and took him before Mr. Walker, the magiserate in Hyde-street, and Mr. Evans took care of the floor cloth.

Court. Did you know it to be your floor cloth? - Yes.

By what? - It is all my own work and the exciseman's mark is on it.

What is there particular in the excise-man's mark? - It is the admeasurement of the cloth, the cloth was lying in my shop window, withinside, I saw it about ten minutes before; I was in a back room with a glass partition, I could see all the shop.

Court. How long after you heard the rustling was it before you went out of your room into your shop? - I went out in less than a minute or two.

JOHN EVANS sworn.

I was with Mr. Barnes, I heard the rustling of cloth, and thought somebody was taking away the cloth; I told Mr. Barnes so, and we both ran out, and a little boy told us which way to go, and I went down St. Giles's, and up Dyot-street, as fast as I could; the prosecutor went up Bow-street, and I saw the prisoner coming down Dyot-street, with the cloth on his shoulder; the prosecutor secured the man, and I took care of the cloth; I know this cloth to be the prosecutor's; I sometimes repair the blocks, the man was committed.

PRISONER's DEFENCE.

I was passing by the street, and I saw a man with it on his shoulder, he asked me to earn sixpence and carry it, I said I should be very glad of it, as I was in want, and these two gentlemen took me.

The remainder of this Trial will be concluded in the next Part, which will be Published in a few Days.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 25th of February, 1784, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of Hugh Graham .

Court. Who was the man that you carried it for? - He was dressed like a painter, I do not know the man.

Have you him here? - No.

Have you any witnesses to prove that? - No.

Have you any witnesses to your character? - No, I am a stranger in London.

Court to Jury. This prisoner was found with stolen goods in a suspicious manner, and the usual course is, that he should satisfy you that he came honestly by them. The question is, whether this is within that act of parliament of King William, which takes away the benefit of clergy, and makes it a capital offence, where goods are stolen out of shops and warehouses, that is, such sort of goods as are usually kept there in their course of dealing, that sort of commodity in which they deal, to the value of five shillings, privately and without the knowledge of the party, then it shall be a capital offence. Upon all these acts of parliament the construction has been always exceedingly strict; in the case of a private pick pocket, the act of parliament says pretty often in the same words, privately and without knowledge of the party; if they feel but the slightest sensation before the property is removed from the person, it has been the constant rule, that that takes it out of that act of parliament; so in my apprehension, in the present case, this was not absolutely without the knowledge of the prosecutor, because he heard a rustling in the shop, and if he had gone out the first time upon that alarm, he certainly would have detected the offender; therefore, I think that the same construction should be put on this evidence, and you should acquit the prisoner of stealing privately.

GUILTY Of stealing but not privately .

Transported for seven years .

Tried by the First Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17840225-10

236. THOMAS CAPP was indicted for feloniously stealing, on the 4th day of February , one iron bar, value 5 s. the property of Edward Meux , Esq .

WILLIAM HICHIN sworn.

The prosecutor lost an iron bar on Wednesday, the 4th of this month, from a house

which I keep under him, in High-street, Bloomsbury , it was in the passage behind the bar window; it was to bar the outside shutters when they were put up, the value of it is five shillings, the weight is thirty-three pounds: the prisoner sold it for half a crown; he came into my house on the 4th at a quarter past ten o'clock, and called for a pint of beer, he stopped a quarter of an hour, went into the passage and took this iron bar and carried it off, he went away about a quarter of an hour, and returned, and had some purl, and went away at eleven o'clock, I suspected him, and after he was gone I missed the bar, and the next evening about half past eight o'clock, the prisoner came in again, I was in the back room, the maid informed me, and I came into the tap-room, and charged the constable with him, he was taken to the watch-house, the next morning between nine and ten, he was brought past my door to be carried to Mr. Walker's, and the constable brought him into my house, and he sat down, and I told him, I was in great distress about my irons, if he he would tell me where the irons were I would be favourable to him.

Court. Do you know any thing of his stealing them, otherwise than by his own confession? - No, my Lord.

Court to Jury. Then Gentlemen you will acquit the prisoner.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17840225-11

237. JOHN JACOBS , SAMUEL SELSHIRE , and RICHARD M'DONALD , were indicted for feloniously assaulting Charles Chapman in the King's highway on the 27th day of January last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one watch, with the inside case and outside case made of silver, value 40 s. one silver seal, value 1 s. one steel chain, value 2 d. one steel key, value 2 d. one metal-key, value 1 d. and four shillings in monies numbered, the property of the said Charles .

CHARLES CHAPMAN sworn.

On the 27th of January, about six in the evening, I was robbed in the passage or road leading from Kensington to Kensington Gravel Pits , I was on foot, and was overtaken by three persons, who immediately surrounded me, and one of them presented a pistol to my breast, they all demanded my money in a confused manner, I said, I would immediately give them what I had about me; upon which they immediately dropped down the point of the pistol, and one of them took my watch from my fob, it was a silver watch with a steel chain, a silver seal with my cypher and two keys, one steel and the other brass, and four or five shillings in silver.

Court. Did you deliver it to them, or did they take it? - I delivered it to them by their demand; they immediately run towards the Gravel Pits.

Court. What sort of a night was it? - It was near dark.

Court. Did you take any notice of their persons? - I cannot swear to them.

Have you seen your watch since? - Yes, at Sir Sampson Wright's.

How long after the robbery? - About three days after, there were three persons brought up, but I did not know them, they bore the appearance of the men that robbed me, but I could not swear to any of them.

JOSEPH CREEDLAND sworn.

I am one of the patrol belonging to Sir Sampson Wright on Uxbridge and Kilburn roads; on the 27th of January about a quarter before seven, we came off the Kilburn road, and when we rode to Tyburn Turnpike, we heard that three footpads had committed a robbery on the Uxbridge road; we went down Park-lane into Hyde-park, there were six of us, and as soon as we came to the Bason, I saw the three prisoners coming towards us, and towards Grosvenor-gate, I then made up towards the prisoner Jacobs, and he took to his heels and ran away, I pursued him, he then took a

a pistol out from withinside his coat, and turned round to fire at me; he turned just half way round, he presented the pistol to me, and he found I was rather too much on the left side of him, and he threw his pistol down, and as it fell it flashed in the pan; he was still running, and I pursued him and laid hold of him; I tied his hands and searched him, and found on him this watch, which was in the fob of his breeches pocket, with one seal and two keys.

Court. What became of the other two prisoners? - My other partners took the other two, I held him fast, and kept him in custody till we came to Covent Garden watch-house; we all came into Oxford-road, and there we took two coaches and went to Sir Sampson Wright's, and about two days after I saw the prosecutor there, the watch was then produced: I found on Jacobs one shilling and sixpence, and one penny.

(The watch deposed to.)

WILLIAM BOYER sworn.

I conduct that party of the patrol: on the 27th of January I was first, the three prisoners came past me, Jacobs first, and M'Donald next; I also saw Selshire, he was very near M'Donald; the signal for my men to lay hold of them was my laying hold of Selshire; in consequence of that Selshire and M'Donald were immediately secured.

Court. Did you see the other prisoner taken? - No, he run off, I searched Selshire, the man I had hold on, and found this pistol loaded upon him, I have the balls in my pocket, and eight pence in halfpence. There was a loaded pistol found on M'Donald.

Court. How long after this was it that you saw the prisoner Jacobs and Joseph Creedland ? - In about half a minute, as soon as I had hold of Selshire, I turned round, we took them to Sir Sampson Wright's, they were sent to different prisons; I was present on the Thursday following when Mr. Chapman came, he then saw his watch after the charge was laid to the prisoners; Sir Sampson asked them, what they had to say, and they then all of them acknowledged the crime, and Selshire in particular desired to be admitted an evidence.

Did Sir Sampson take down any thing in writing? - No.

Mr. Justice Gould. I have heard that a question did arise which was pretty thoroughly debated, whether evidence should be admitted of a confession by a prisoner before a Justice of the Peace; the law is, that the Justice of the Peace is to take the informations of the witnesses, and the examination of the prisoner, and shall reduce them into writing, and return them to the gaol delivery.

Court to Mr. Reynolds. Was not there some question whether parole evidence might be given of confession taken before a Justice.

Mr. Reynolds. It has always been understood that where no written examination had been taken, parole evidence may be admitted; but if the Justice takes the examination in writing, then they cannot give in evidence his parole examination.

Mr. Justice Gould. It is his duty to take it in writing: the rules of law are the things that you should steer by, but I want to know whether something of the kind has not been thought of, and considered here, and under that distinction the parole proof admitted.

Mr. Reynolds. My Lord, the parole proof has been admitted where no written examination was set up; a very little while ago a witness asserted in his evidence, that an examination had been taken in writing, and the examination was not returned, but that having been asserted by him, the Court would not admit the parole evidence.

Mr. Justice Gould. I understand by Sir Sampson, who sits by me, that he really thought that this evidence had been taken down in writing; indeed the Justices have hardly time to take down the examinations, but yet the law is not to be departed from, and the Act of Parliament says, the Justice shall take the informations of the witnesses, and the examination of the prisoner,

and shall return them. - Mr. Reynolds. In London, unless it is a very special case, Examinations are never taken in writing, as only one gentlemen sits there, and they could not do the business.

Mr. Justice Gould what is said in other places may be received, but before the Justice of Peace, there it should be reduced into writing, therefore I cannot admit this.

Bowyer. The prisoners were taken in about half an hour after the robbery.

JOHN CREEDLAND sworn.

I am one of this patrol; about a quarter of twenty minutes before, seven, got into Hyde-park; I was present when the three prisoners were apprehended, and I took this pistol from M'Donald, loaded with three balls; I know nothing more than has been mentioned, only he had fourteen balls in his pocket, some powder, and eight shillings in money, and the prisoners were taken to Sir Sampson Wrights.

JOHN TOWNSEND sworn.

I am one of the patrol; I can only say what the others have said, except just as we came into Hyde-park and went down walnut tree walk, I thought I heard somebody say, damn my eyes, here is somebody a coming.

Court. Did you hear it, or did you not? - I did hear somebody say so, and I mentioned it to Captain Bowyer; we had scarce got a yard farther up came the three prisoners, Jacobs was the first man I saw; I went to make up to him, and he immediately advanced from me, and attempted to run, he clapped his hand to his side instantly to draw out this pistol; the moment I saw it I called to Creedland; says I, Creedland! Creedland! take care, he has pulled out a pistol! the instant moment I said so, it flashed in the pan, and he threw it away; I then called out, pursue him, and I will wait here and see whereabout he has hove that pistol; I saw him throw it away; then we took him to Sir Sampson's.

Court to Creedland. Was not the pistol thrown to the ground before it flashed in the pan? - As it fell it flashed.

Mr. Justice Gould. It is a very different thing as to the conduct of the prisoner.

PRISONER JACOB's DEFENCE.

I had been out that afternoon, and as I was coming up to the Lock Hospital I found a red and white pocket handkerchief, with two pistols in it and a watch; I found it almost facing Mr. Tattershall's; Selshire was with me; he said, says he, I will have half; I gave him the pistol and the handkerchief, and I had the pistol and the watch; coming to the turnpike we met M'Donald, and as we were going through Hyde-park he came with us, and just coming through Walnut-tree Walk we met three gentlemen, so I threw the pistol away; I thought, may be they would take me up or something.

PRISONER SELSHIRE's DEFENCE.

I was along with this man coming from Battersea, he picked up this handkerchief, and he gave me that pistol.

PRISONER M'DONALD's DEFENCE.

I had been with an acquaintance of mine, and coming by Kensington turnpike I met these two young men; I had the pistol about me, and the bullets, which I found in Hyde-park the day before; I carried them about me for my own defence.

The Prisoner Jacobs called three Witnesses who all gave him a good character.

The Prisoner Selshire called three Witnesses who gave him a very good character, one of whom was Mr. Thomas Lane, clerk to Mr. Burton, one of his Majesty's Council, with whom this Prisoner had lived servant , and by whose particular desire Mr. Lane attended.

JOHN JACOBS , SAMUEL SELSHIRE , RICHARD M'DONALD,

GUILTY , Death

The Prisoners John Jacobs and Samuel Selshire were both humbly recommended to mercy by the Jury .

I lodge in a publick house, kept by Charles Hatton ; on the 3d of this month I was called home at seven in the evening from the shop where I worked, I immediately went home; when I came into the tap-room, there was a man in the custody of a constable, which was the prisoner; I left the door of my room locked when I went out, and the key in the bar, where it was always left; I know nothing of the robbery, only to prove the property.

THOMAS PARKER sworn.

I only prove my property.

CHARLES HATTON sworn.

I keep the Robin Hood, in Marybone-street, Golden-square ; about six o'clock in the evening, on the 3d of February, the prisoner came in for a penny-worth of purl, which he paid for; he then said, landlord, or master, I will be much obliged to you to shew me the way to the vault or coffee-house, whatever it may be; I shewed him backwards, I went into the parlour and staid a few minutes, and when I was coming out, he was going down the cellar steps; says he, master, I believe I am going the wrong way; I did not say much to him; he immediately came into the tap-room again and drank his purl; he staid there about ten minutes; I went into parlour again, and then I missed him; the prisoner was standing at the door; I staid in the tap-room about twenty minutes, and as I was standing there, I saw a glimmering of his coat pass our bar window which fronts the passage going into the tap-room, the hatch-way is very low; I heard something catch on the door, and I ran to the tap-room door, I laid hold of it with my right hand and opened it half way, and I saw the prisoner in the passage, about three yards from me, with a box on his head; I cried out, Stop thief! he stepped about three steps farther off the steps, and threw the box into the street and all the clothes; I did not stand to pick up the clothes, but I pursued the prisoner down a little court about forty yards from our door; I just missed his coat laps; he ran through Castle-street I never lost sight of him only where the turning was; I pursued him into Badman's-mews, below Jermyn-street, where he ran into a vault, I pulled him out, with assistance, and brought him to my house.

Court. Are you sure he is the same man that was in your house? - I took a penny of his money; I am sure of it; I have no doubt of it.

What became of the box that he had? - Richard Davis speaks to that.

RICHARD DAVIS sworn.

I was in the house of Mr. Hatton the evening the robbery was committed; I saw Hatton run out and the cry of stop thief was called, I then went to the door and saw a box with sundry wearing apparel laying on the pavement.

Court. Did you see it thrown down? - No, I did not; I picked it up and brought it into the house and laid it on one of the benches.

Was the box the same that you found on the step of the door? - It was.

(The things deposed to by Jones and Parker.)

THOMAS PARKER sworn.

I am sure these two cloth coats are mine, there is no particular, here are four linen waistcoats and four shirts, one pair of silk and cotton, and one pair of velveret breeches, six pair of thread stockings, three pair of worsted stockings, one silk waistcoat, and one silk pair of stockings; these things were in the room where I sleep; it was broke open when I saw it, but I left it locked.

Court to Jones. Where were your things? - In a chest of drawers.

Were they locked? - No, they were not.

PRISONER's DEFENCE.

I was coming down from Berkley-square, and I had been very bad with a pain in my bowels, and I asked the way to the vault; I was very bad, and when I came in I warmed my feet, and I went out, and it took me again, and I leaned on the rails, and I intended to go to a shoemaker that lodged there for a pair of shoes; I was going up stairs and I heard the prosecutor crying out stop thief, then I ran as well as I could till I came to Eagle-street, then down into the Mews, and I saw no one there, and I asked the way to the vau lt; by the time I had gone into the vault and had eased myself, a parcel of people were coming down, and one said, there is a man in there, perhaps it is him; they went to take me, I desired them not; they hauled me, and dragged me, and knocked me down, and as I was told after, I fainted; they got a bucket of water and threw down me, and they took my hat, and my shoes, and cravat about my neck; my friends are not here.

GUILTY Of stealing to the value of 39 s.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Baron PERRYN.

Reference Number: t17840225-13

276. WILLIAM NEWLAND was indicted, for that he, on the 11th day of November last, feloniously did make, forge, and counterfeit, and cause and procure to be falsely made, forged and counterfeited, and willingly aid and assist in the false making, forging, and counterfeiting one bank note with the name William Lander thereunto subscribed, dated 6th January, 1783, signed by the said William Lander , for the Governor and Company of the Bank of England, for the sum of 100 l. to Mr. John Schutz , or bearer, on demand, with intent to defraud the Governor and Company of the Bank of England .

A second Count charges the same offence as the first, only saying, a certain note in the form of a bank note, with intent to defraud the Governor and Company of the Bank of England.

A third and fourth Counts charge it to be with intent to defraud Thomas Wagstaff .

A fifth and sixth Counts charge it to be with intent to defraud Thomas Hayward .

A seventh Count charges that he having such bank note of one hundred pounds in his custody, feloniously did dispose and put away the same, knowing the same to be forged and counterfeited, with intention to defraud the Bank.

An eighth Count charges that he having a note, purporting to be a bank note of one hundred pounds, in his custody feloniously did dispose and put away the same, knowing the same to be forged and counterfeited, with intent to defraud the Bank.

A ninth and tenth Counts charging it to be with intent to defraud Thomas Wagstaff .

An eleventh and twelfth Counts charging it to be with intent to defraud Thomas Hayward .

A thirteenth Count for feloniously forging a promissory note for the payment of money, laid to be the same as in the first count, with intention to defraud Thomas Wagstaff .

A fourteenth Count for uttering the same with the like intention.

A fifteenth Count for forging the same promissory note, with intent to defraud the said Thomas Hayward .

A seventeenth Count for forging the same promissory not with intention to defraud the Governor and Company of the Bank of England.

An eighteenth Count uttering the same with the like intention.

Mr. Fielding, one of the Council for the prosecution, opened the indictments as follows:

Gentlemen of the Jury, this is an indictment against the prisoner at the bar for a forgery on the bank of England, it has been necessary in order to meet this crime to vary the descriptions of the offence, and it has taken up no less than eighteen different counts in this indictment; is it charged to defraud the bank, and the different persons therein mentioned, and the prisoner is likewise charged with the crime of publishing it, knowing it to be forged; you will hear the evidence, and then you will prisoners upon his guilt or innocence.

Mr. Bearcroft, of Council for the prosecution thus opened the case:

May it please your Lordship, and you Gentlemen of the Jury: I have the honor to attend you as Council for this prosecution, which is carried on by the Governor and Company of the Bank of England, as it is their manifest duty to do. Gentlemen of the Jury, the charge in plain English, stripped from form is, that the prisoner at the bar, William Newland , has been guilty of forging a bank note described in the indictment, which will be produced; it is likewise charged that he uttered this knowing it to be forged: if these facts are brought home by proof to your satisfaction against the defendant, you will convict him of a capital offence. I doubt not but you are well apprised of the necessity of a law of this nature, and that you are disposed to put it in force if the facts are proved to your satisfaction; I shall therefore state to you without much observation, for I am afraid the grounds of bringing the guilt at least of uttering this note by the prisoner at the bar, will be but too clear. Gentleman, the prisoner has of late appeared in the character of a farmer at Chinkford in Essex; you will find that in November last he applied to Mr. Wagstaff, a weaver by business, and with whom the prisoner had a sight acqaintance, and upon the strength of that, he sufficient for the purpose, he desired that he would contrive to get him changed two bank notes of one hundred pounds each, one of which is the note in question, the subject of the indictment, and that which will be produced; Wagstaff undertook to do it, and for that purpose he went to Mr. Hayward, who is likewise described to me to be of the same business of a weaver, he told him he wished to change for a friend of his these two bank notes of one hundred pounds each, and Mr. Hayward was prevailed upon to change them; Wagstaff delivered them to Hayward, and afterwards went to the prisoner and delivered to him in part one hundred and twenty pounds in cash. Gentlemen it is clear that they should identify the bank note that is produced to you, and the witnesses Hayward and Wagstaff will speak to it by particular marks which they observed on the face of it; by such obliterations which were remarkable, but which I shall not attempt to point out to you, because they come in the fittest way from the witnesses themselves; they will tell you what struck their observation when it was first produced to them, and with what certainty they can prove it be to the same note: I understand that they will prove that the note was first delivered from the Prisoner to Wagstaff, and afterwards from Wagstaff to Hayward, and by him to another person who will be produced to you, and he found it was a forged bank note: I shall perfectly satisfy you of that by the usual evidence, so as to leave no doubt on your minds; that person returned the note to him, and as soon as he found it was forged, he called upon Wagstaff, as was perfectly natural in his situation, and upon consideration together, they determined to go to Newland to

make enquiries on this business; they settled to go on Sunday; they went to his place of residence in the country, and they found him at home; immediately they entered into conversation with him, and told him the notes, or rather I will confine myself to the note, which is the regular and proper way, was a forged note; the expressions he made use of, and I mean to state correctly the expressions he made use of, in the several conversations he had, and to desire you to attend to that and to his behaviour, when he was first apprised that this was a forged note; you will attend to these circumstances in order to settle in your minds whether his behaviour and conduct was that of an innocent man, or whether he did not manifestly shew a consciousness of guilt; for it is in that way that you are to satisfy yourselves of the guilt of the prisoner at the bar. On his being told they were forged, his expression immediately was, I am surprised at that, for I had them from a man of property; this was in conversation between Wagstaff and the prisoner, he told him he had brought Mr. Hayward down with him, and he was waiting at some little distance, and he desired him to go to Mr. Hayward; they went to Hayward, as soon as he appeared, Mr. Hayward addressed him in this manner: he said, Newland, you had no right to expect me without a number of armed men to take you into custody; I might have been dragged out of my bed to gaol: Where did you get these notes? the prisoner's answer was, as it had been to Wagstaff before, I had them from a man of property: Hayward immediately asked him, from whom: now what would have been the answer of an innocent man; if he had known of whom he had them, would not he have directly told the person's name for his own sake, and for the sake of public justice: that ought to have been his conduct, and for his own sake it would have been natural; for if an innocent man, which certainly may happen by accident, becomes possessed of a forged bank note, and he is told it is a forged bank note, his own personal safety, and common prudence dictate, that if he knows of whom he received it, he should instantly disclose it: therefore as the prisoner, when first asked, acknowledged that he knew the man of whom he had it, it remains for him to tell you, if he can, why he did not immediately disclose that person's name; he was pressed to tell, but he refused, and he was desired to go to town with Wagstaff and Hayward in order to find this man in particular, from whom he received these forged bank notes; his answer was, I cannot find him if we go now, and I promise I will come to you at ten o'clock tomorrow to your house, and still expressed himself saying, I cannot suppose these are bad notes; Hayward had a strong suspicion of the prisoner, and he again made use of expressions importing that suspicion, even so strong as to say, Newland, I will certainly hang you; the answer the prisoner made, is little like the answer of an innocent man; his answer was, all you want is your money, you shall have your money, that is what you want; he promised to call on Hayward again, but before they parted they had other conversation, and it will appear, I am told, by the further conversation, that there was a great deal of reservation, and much equivocation, utterly inconsistent with the behaviour of a man intirely innocent, and who by misfortune (for it is a very great one) had got hold of a forged bank note; there was further conversation between them before they parted that day; and Hayward charged him with the actual forgery; his answer was somewhat singular; no, I could not forge them, as I can neither read nor write; Hayward told him the law is the same for uttering them: upon this they quitted him, he promising and they believing that they should have the money produced. On the 8th of December Wagstaff met the prisoner in Bishopsgate-street, he asked him if he had been at Hayward's, no he said, he had not been there, upon which Wagstaff desired him to go. They went to a publick-house, and he said he had not been to Hayward, because the gentleman he had them from was gone to Stratford, and would not be at home before the evening;

he said was then under a necessity of going home, but promised to meet the next day: Wagstaff and Hayward were both together at this publick-house, and they both pressed him extremely to name the person from whom he had the notes, but he declined that, and said he was perfectly sure that the gentleman from whom he had them did not know they were forged, and he begged in the most earnest manner that they would not disclose this matter, but keep it secret. Now you will consider gentlemen, as I go along, whether this was the conduct of an innocent man: the prisoner did not come as he promised; he promised another day to come, and he did not: therefore Wagstaff and Hayward both together went again to his house, he excused himself with some frivolous excuse for not having kept his promise of coming, and then promised again to come the next day, and again intreated them not to mention it, for that he was just got into an extraordinary farm, and begged for God's sake that it might not be buzzed abroad. On the Friday this prisoner met them both again, and then Mr. Hayward insisted upon it that he should tell him where and from whom he had the notes; then his conduct appeared more suspicious, (but however of that you will judge) for being pressed to the wall by Hayward, he said he would not tell in the presence of any witness but if Hayward would retire alone with him, he would disclose to him the name of the person from whom he had them, then the prisoner and Hayward went into a room by themselves, and he extorted from Hayward a solemn promise not to disclose it, and then he asserted that he had this forged bank note, together with the other from Mr. Henry Davis , a potatoe merchant, as he is described, in Spitalfields, and he undertook to Hayward that he would either bring him or the money by times the next morning; for he told him that Davis, from whom he had received the note, was gone to seek after the money; and he again begged of him to keep it secret, and if Davis of the money was not brought him the next morning, he should be welcome to disclose it. Gentlemen, In short not to take up more of your time, after many enquiries about Davis, and talking with Davis, (for what Davis said will not be evidence against the prisoner at the bar) it was found that the prisoner and this Davis were gone off: a proper enquiry was made to get at them if possible, and you will find, that after a great deal of diligent search, under many suspicious circumstances which I will not state, at a great distance from London, the prisoner and Davis were found by the sea coast going by different names from their own; if you attend to these circumstances, you will see from the beginning the prisoner at the bar insisting that he had the note from a man of property, and though pressed, declining to declare the man's name, in a way that an innocent man, I should submit to you, could not possibly do, but you will form your own judgement; at last, however, he consents to tell Hayward alone (for he would not talk to Wagstaff) that he had it from Davis, and he undertakes to produce Davis the next morning, but he never comes himself, nor does Davis come: search is made after both, and both of them are found by the sea coast of this country, for what purpose you will judge.

Gentlemen, this is the case we have to lay before you, we shall endeavour to prove before you, that the prisoner at the bar uttered this forged note; and the question for you to determine therefore is, whether it was a forged note to the knowledge of the prisoner at the time of the uttering; and in order to determine that, you will consider whether this conduct, and these expressions of his can at all be made agreeable to the conduct of an innocent person, and added to that, after this promise to produce the party to the person injured, from whom he had it; his failing of that promise and attempting to elude any search, and coupled with that promise, and also to his being at a distant place by a feigned name; it seems therefore to me, that a clearer case cannot come before you to satisfy you of the guilt of this prisoner at the bar, in

uttering this note knowing it to be forged. Gentlemen, it is a question as to his knowledge, it is a question of conscience, it is a question concerning what passes in a man's mind, and it cannot be proved by any thing but circumstances; and I conceive the circumstances we shall lay before you are incompatible with the conduct of an innocent man. Gentlemen, this is our case, and if you are satisfied by the testimony of the witnesses, of the guilt of the prisoner at the bar, your duty to the publick requires that you should find him guilty; if you are not satisfied, it is no less your duty to the individual to acquit him.

Mr. Garrow Council for the Prisoner. My Lord, on the part of the prisoner I am instructed that all the witnesses, except those that belong to the Bank of England, to whom your Lordship cannot easily believe my instructions were to extend, may be examined apart.

THOMAS WAGSTAFF sworn.

Examined by Mr. Sylvester.

What are you? - A weaver.

Where do you live? - In Nova Scotia Gardens, Bethnall-green.

Do you know the prisoner? - Yes.

How long have you known him? - Between four and five years.

Did he apply to you in November last? - Some time in November he applied to me.

Where? - At the Sun in Bishopsgate-street.

At what time? - In the afternoon.

What passed? - He asked me if I knew any body that had got any money, he wanted two notes changed for one hundred pounds each.

Did he give you any reason for applying to you? - The Bank was shut up, I think that was the reason; I told him I would go and ask an acquaintance of mine if he had so much money in the house; I went to my acquaintance, his name is Thomas Hayward ; he said he had but one hundred and twenty pounds in the house, I went back and told the prisoner, he told me that would do, and he would leave the notes with him till he came out of the country.

Look at that note? - This is one of them.

You are sure of it? - Yes.

Look at that? - That is the other.

These two notes he put into your hand? - Yes.

What money was paid to him? - One hundred and twenty pounds in cash and small notes.

Did any thing else pass at that time? - Nothing particular, only we drank together.

What happened afterwards? - In about a fortnight, or something more, I believe it was, Mr. Hayward came to me and told me the notes were forged, and we agreed to go down to Mr. Newland; he lived at Chinkford-hall, in Essex; I called him out of his parlour, and told him there was a sad piece of work had happened, for those notes were forged that I had of him.

What did Mr. Newland say? - He said he was surprized at that, he had them from a man of property.

Did he say who that man of property was? - No he did not.

What then passed? - Then we came to the chaise to Mr. Hayward; I told him he was in the chaise; Mr. Hayward got out of the chaise as soon as he saw him, and told him he might have expected that he should have brought some persons down to have taken him into custody; he said he knew nothing of their being forged; I then told him the man must have his money back again; he said, yes, certainly he must, and he would come the next day and go to the man whom he had them of, and get the money returned back for them, he did come the next morning at ten o'clock and said he could not find the man, he was gone out of town somewhere.

Did you ask who the gentleman was? - Mr. Hayward did, but he omitted telling him, he said he would come the next day; but did not, and the next day, or the next day but one we went down to Chinkford

again; when we came to Chinkford, we were very angry with him, both Mr. Hayward and me, for not coming according to his promise; he said he was vexed that he did not come, but he had been busy, he had been to some market at Waltham; on Friday he came to town, and we met at a publick house in Camomile-street; he had then told Mr. Hayward who it was he had them of, but he would not let me hear him.

How came you not to hear him? - He desired me to go out of the room while he told Mr. Hayward, for he said he would tell him but he would not tell any body else.

Did he say any thing else? - No, I had no discourse with him that day.

Had you any discourse with him any time afterwards? - No, I asked Mr. Hayward whether he said any thing satisfactory.

Mr. Garrow. You must not tell us what Mr. Hayward said.

Mr. Sylvester. Had you any discourse with the prisoner after? - I do not recollect I saw him till I saw him at Bow-street.

Could you find him at all after that? - No.

Mr. Garrow. You never went to the place where you was likely to find him? - No.

This man was but a slight acquaintance of yours? - I have known him four or five years.

You knew Davis, the potatoe merchant, in Spital-fields-market.

I knew him about the same time I knew Mr. Newland, but I have not seen him above ten months.

The prisoner applied to you at a publick house, and asked you if you knew any body who could give change for two one hundred pounds bank notes? - Yes.

Then he deposited with you as a pledge, two notes of one hundred pounds each, receiving from you one hundred and twenty pounds? - Yes.

It was a fortnight before you had occasions apply to the prisoner again? - Yes.

The prisoner then for all that you know on that subject, was, during that fortnight, residing at Chinkford, in the usual way of his trade as a farmer? - For ought I know he was.

He had met with no obstruction from you or the governors of the Bank? - Not that I know of.

Did he tell you it was for a friend of his? - No.

But on your telling him they were forged and there had been sad work, he said directly, I shall apply to the gentleman from whom I had them, and I will endeavour to get the money returned? - Yes.

Your object and the object of Mr. Hayward was, in truth to have got the money for these bad notes? - He wanted his money again.

And if the prisoner at the bar had had the discretion to deliver the money, you would have given him the notes? - I did not hold the notes.

The prisoner did not avail himself of this opportunity to escape, but put you off from day to day, with always telling you he would get the money? - Yes.

You say he did in fact come to town and meet you more days than one? - Two days.

And he returned of course to his own house for any thing you know? - Yes.

Mr. Sylvester. When he offered you these notes, it was for you to give him cash for them, was not it? - Yes, it was.

Did he say the reason why he wanted cash? - He said he was going into the country to buy some goods.

Mr. Garrow. How long was it after the time that you found these notes were forged, that he was apprehended? - It was some time more than three weeks, but he was in the country.

What distance from town? - At Yarmouth I heard.

That you know nothing about to your own knowledge?

Court. But from the time that you first gave intimation that these notes were forged, what space of time intervened? - From the time I had the last interview with him at the Coach-maker's Arms, I did not see him afterwards; he did not go out of town directly after, I know.

Jury. How do you know these to be the two notes which the prisoner gave you? - There is a particular mark, there is a word blotted in the word Schutz, in both of them, and one more than the other; when they were opened by Mr. Hayward he said, how they have blotted them.

Jury. Is it your custom to write the name of the person from whom you received the bank notes upon it? - I am not much accustomed to bank notes.

Then there is no other mark whatever that you know them by, save that of the blot? - No.

Mr. Garrow. Are you a master weaver? - What goods I make is my own.

You are not extremely conversant in bank notes? - No, Sir.

Therefore, whether they are frequently blotted or not you cannot tell? - No, I thought it was no harm to them.

THOMAS HAYWARD sworn.

Examined by Mr. Fielding.

Where do you live? - In Primrose-street, I am a weaver .

In the month of November last, did Wagstaff make any application to you? - Yes, on the 11th of last November, Thomas Wagstaff called on me, and he asked me if I could give change for two single hundred pounds bank notes; I told him I had no more than one hundred and twenty pounds in the house; I asked him who it was for, he said it was for farmer Newland.

What passed between you after that? - Wagstaff went away, I did not see the notes the first time, he returned again in a very short time with the notes, and said that would do, that Mr. Newland was going into the country, and I might have the use of the other eighty pounds for about two months.

What passed then between you? - Nothing more, than that I advanced him the money, and I had the notes, and I observed a blot.

Should you know these notes again? - Yes, Sir, I believe from a thousand. (The notes shewn him.) These are the notes, I am very positive, on the 13th of November, which was the Thursday, I paid one of these notes away to John Ellis , in Holywell Lane, No. 75.

When was it, and to whom that you paid the other note, No. 76? - No. 76, the other note, I paid sometime in November, but cannot tell the day, I called upon Mr. Buxton, a haberdasher, and asked him to change me that note.

Where does he live? - In Bishopsgate-street, he said, he had but about thirty pounds, he gave me that, he was busy in the shop, he took the note and put it by seemingly careless, I called again the next day, as I call in generally most days in the week, says he, you may take back your note, for I do not know when I shall have enough give you change for it, and you may give me the thirty pounds in a day or two.

Had you indorsed it at that time? - No, Sir, there was no mark at all.

When did you indorse it first? - At Bow-street.

What negotiation did you put the note in? - None at all, I kept it from that time, the other note I passed away to Mr. Ellis.

When was it that any notice of a suspicion came to you, that these notes were forged notes? - The latter end of November, I cannot be positive, as soon as Mr. Ellis told me it was a bad note, I applied to Mr. Wagstaff.

When was that, as near as you can recollect? - The Saturday, but I cannot tell the day of the month, I found him at home, and said to him, Wagstaff, these two notes that you have brought are forged, and we concluded to go to him the Sunday; this was the Saturday evening, we thought it more likely to find him the Sunday; the Sunday morning we took a chaise and went down to Chinkford Hall, in Essex, there I sat in the chaise while Wagstaff went into Newland's house, I cannot positively say the day of the month, but it was of a Sunday, Wagstaff and Newland came out of the

house together, I got out of the chaise and met them both; the first word that I said to Newland, was this, says I, Newland, you had no right to expect me by myself, without five or six armeds men to take you into custody, I added, I might have been taken and dragged out of my bed, and dragged to a gaol; then I told him the notes were forged, he said, if they were forged, he could not forge them, for he could neither read nor write, I told him he was as liable to be hanged for putting them off, as the man that made them, I asked him who he had them from, he said, he had them from a man of property, I asked him, who that man of property was, he did not chuse to tell me.

Court. He did not tell you? - He did not.

Mr. Fielding. How do you mean that he did not chuse to tell you? - I asked him several times and he did not tell me.

He was silent upon it? - Yes, I asked him to go with me to town, then I told him it was a matter of a very serious concern, and that certainly his life was in danger, if he did not produce the man in a proper manner; he begged I would not mention it any where thereabout, he would not have it mentioned for five hundred pounds; that he had just got into a farm of two hundred a year, and it might be the ruin of him; I still pressed him to let me know from whom he had them, he told me the money was all I wanted, and I might depend upon having it; he asked me what was to be done in case the money could not immediately be had, I told him, I would hang all that was concerned, he said, he hoped, I would not talk about hanging any body, and appointed to meet me at my own house the next day at ten o'clock; I then left him, and he came according to his promise, I told Wagstaff to watch in the street, and he came at eleven to the Coach-maker's Arms; as soon as we had got into the back parlour, I asked him if he had brought the money, he said, no, he had not, I asked him who the man was again, this man that he had got them of, and he then refused to tell me, he said, the gentleman was gone to Stratford, and would not be at home before the evening, and that he wanted to go home, but would not me the next morning, and would bring me the money; I let him go away; he did not come the next day, on the Thursday, Wagstaff and I took a chaise, and went down to Chinkford Hall again.

Did you find him there? - Yes.

Jury. Can you speak to the day of the month? - I have not got the day of the month down.

Mr. Fielding. Then you went to Chinkford Hall? - Yes, I told him, I thought he was run away, he pretended he had been to some market just by, and had not had an opportunity of seeing the gentleman whom he had the bills from.

Did he make use of the word gentleman? - Yes, Sir, he always treated him as a man of property.

Jury. Did he say the gentlemen or gentleman? - He did not call it more than one, I did not stay but a very little while, but I told him, that if the matter was not settled, that he must expect to be taken into custody, this was on the Thursday, he appointed to meet me the next day at the Coach-maker's Arms, Camomile-street; accordingly he came at the hour he appointed, but I cannot tell the hour, I believe he was there rather before me, Wagstaff came much about the same time, he rather refused then to tell me or give me any satisfaction, then I told him, I would not part from him till he did tell me who he had them from, he said, he would not tell me before any witness, meaning before Wagstaff, and we went up stairs into the club-room, Newland and I, and nobody else present, and there he made me promise in a very solemn manner, that I would not mention the man's name, and he would tell me, I told him that if he did not bring me the money that night or the next day, he could not expect me to keep my word, but that he must expect that I would divulge it, he then told me that he had them from Henry Davis , a potatoe merchant, in Spitalfields-market, he seemed not desirous that I should call on Henry Davis , because he told me I

should have the money, I might depend upon it, as much as a man could say, he was to meet me the next morning or that night; I believe very little passed but assurances, that I should have the money.

Did you join company with Wagstaff again? - No, I believe we went out.

When was it that you made an appointment to meet again? - The next day he was to call at my house, I always appointed my house, but he rather wished to go to other places, I went to Davis, the next day, the prisoner not coming on the afternoon of the Saturday, I enquired for Davis, and I found him at home, he was standing at the door, I said is your name Henry Davis , he said, yes.

Mr. Fielding. We must not have any conversation between you and Mr. Davis; where did you see the prisoner after the Friday? - On the Monday morning following, he called at my house pretty early, then he brought me ten pounds, in delivering me the ten pounds, he said, as I understood him then, it was all he had got by him, but when he was at Bow-street, he said to Sir Sampson Wright, there is Mr. Hayward, he cannot deny that I told him at the time, there was ten pounds, and that was all the money I got by them.

What did you understand this to be when he delivered it to you on the Monday morning? - I did not pay any credit to what he said, I am hard of hearing of one ear, and I might misunderstand him, but when we were in Bow-street, he insisted upon it, that he said, and he dared me to contradict him, that it was all he got by them.

What passed between you when he brought you the ten pounds? - I told him ten pounds was nothing, says I do not trifle with me any longer, but set your time and keep it, for I will be shuffled with no longer; he appointed that day three weeks, it was a great deal of money, but I did expect to get it as I could; through I may be blamed, before that day three weeks he was gone away, I could not find him at all, I never saw him after that Monday till he was apprehended, I then went to one of the gentlemen belonging to Sir Sampson Wright's, and asked him whose hands it was proper I should deliver the notes to.

At what time was it that you applied to the Gentlemen of the Bank, and informed them of this matter? - I cannot tell how long, they were gone a long while, but when I heard that he was apprehended, I was determined to deliver the notes up, I delivered them to Mr. Acton's hands at Sir Sampson Wright's office.

What time was that? - I do not know.

What day did you first go to Chinkford? - The day that Wagstaff first applied to me was on the 11th of November, the Tuesday.

How long was it before you first went in search of him at Chinkford? - I cannot be exact.

How long was it between the time you received the notes from him, and the time he appointed to meet you? - It might be a fortnight, it was either the 30th of November, or the 7th of December.

How long was it after you delivered this note to Mr. Ellis, and the other to Mr. Buxton, before you received notice that these notes were fabricated? - About a fortnight.

Court. From the time that you first had a suspicion that these notes were forged to the time that the prisoner absconded, what was the portion of time that elapsed? - He absconded before the time he fixed to come to me, but I cannot tell, for he living eight miles off, I was tired.

Court. Then from the Sunday you first went with Mr. Wagstaff, to the Monday when he paid you ten pounds, that was but a week? - Yes.

Did you know any thing of Newland? - I did formerly know him, when he was a hay broker at Whitechapel, I understood he had borrowed three or four hundred pounds to stock his farm with, and I understood this was part of the money.

Mr. Garrow, Prisoner's Council. You have told the Court very candidly, and I dare say, very truly, that this being a considerable sum of money, one hundred and twenty pounds, and a great deal too

In consequences of that you had four or five interviews with the prisoner? - Yes.

You had seen him in the course of a week four times, sometimes he kept his promise, sometimes, he did not, but you however had several interviews with him on the subject, and the first time you applied to him, you informed him of his situation, told him how his life would be affected, that he would be hanged, and that any body that had a hand in uttering forged notes were as guilty as the forgers? - Yes.

But his anxiety however did not seem to keep pace with your advice, for he only says, for God's sake, do not mention it hereabouts, for I am just got into a farm of very considerable extent? - Yes.

That was the sort of anxiety that seemed to press on the mind of the prisoner, neglecting all that you told him: he appeared to you to be a man of some property, renting a considerable farm? - He did.

It would not have been very difficult, one would have thought, for such a man to have raised such a sum as one hundred and twenty pounds? - I believe he could have raised it.

Aye! if he had been anxious so to do, I dare say you would have been very glad to have got good security for your money, you would not have insisted on hard cash? - I wanted hard cash, I gave him my hard cash.

Now the last time, after he paid you ten pounds, you gave him perfect latitude for the payment of remainder, that was your conversation, and he took three weeks; now did you hear that the prisoner living in Essex, had been in a situation which I must mention, had not you heard that he was a smugler? - I cannot say I did.

That note is No. 76, that you lodged at Mr. Buxton's? - Yes.

He gave you thirty pounds, and the next day he returned you a note for one hundred pounds? - Yes.

Can you, or can you not, in a case of life, venture to swear that that note, whilst it was in the hand of Mr. Buxton, might not have been changed? - I took such particular notice of the notes, I remarked them to be blotted in such a manner, that I could have known them again from a thousand.

If you had seen a bank note, No. 876, payable to Mr. John Schutz , for one hundred pounds, dated the same day, could you have distinguished it from this? - I do in my conscience believe that to be the note, and as such I do declare it.

So I understand you, you are of opinion that you had the same note back again? - I am pretty sure of it.

You have told us that even when he made the last appointment with you, he was endeavouring to gain time? - I think he never meant to give the money at all.

You told him the second time you would hang all that were concerned? - Yes.

Do you happen to know Davis? - I should not know him if I was to see him now.

Did you know him by reputation? - I know nothing at all of him.

You told us that the prisoner seemed not desirous that you should call on Davis? - When he enjoined me to secrecy, he said, he would bring me the money himself, and said, he would not wish me to call on Davis, he did not wish I should call on him.

Now during the whole of this month you say you did not disclose to the Governors of the Bank of England or any other person, that you had these notes in your possession? - I did not.

You felt that your situation was an aukward one, if he had run away, and you had been found with these notes? - Yes.

And then for a whole month you did not apply to the Governors of the Bank? - There is one word I remember now, he told me it was put in such a train, that the money I should be sure of having.

My question is whether you did not keep these bills, and did not disclose to any body that you had them in your possession during that month, that is so, is not it? -

I believe I did mention it to a friend or two, I did want to get my money.

Do you know any thing of the prisoner's absconding, you found him at Chinkford? - Yes.

Did you go at any other time? - I went after he was gone, and I was very well informed that he was gone to Norfolk.

Do you know that the prisoner was taken at his own house? - I have heard that he was.

You said it was your wish to meet at your own house, but the prisoner chose a public house? - We was in a private room.

Mr. Fielding. Do you know whether he had a farm or not at Chinkford, or whether it was his brother's, was he a tenant to farmer Lott? - I have heard so, his appearance looked very wretched when I went down first.

Mr. Fielding. This note had remained in your possession till you gave it in to the magistrate? - Yes.

Then this is the note you received from Wagstaff? - Yes.

Jury. When did you go down to the prisoner's house, after that Monday that he had paid you the ten pounds, and was to pay you the remainder in three weeks? - I was informed that he was at Norfolk, therefore, I did not go down, but I was there on the Thursday that he was apprehended; on the Saturday or Sunday, I went to Chinkford, a few days before he was apprehended, after the three weeks had elapsed, his wife told me he was at Norfolk or somewhere there, and as I understood he was gone upon a smuggling party.

WILLIAM BUXTON sworn.

Examined by Mr. Bearcroft.

I know Mr. Hayward, he brought me a bank note of one hundred pound to change, six weeks ago I told him I had thirty pounds, he said, he had his people to pay, I gave him the thirty pounds, he threw the note on the counter, he called upon me the next day, says I, you may take your note again, and when you have got change for it, you may bring me the thirty pounds.

Take this note in your hand, and tell me whether you believe that is the same note? - I cannot say positively to it, but I believe it is.

I do not ask you to be positive, but according to the best of your belief and recollection? - I do not know rightly, it looks like it, I fancy it is.

Did you change away the note you received from Mr. Hayward, or did you return the not you had from Mr. Hayward to him again? - I returned the same piece of paper, it was only out of the counter into the drawer, and out of the drawer into his pocket.

Locked up I suppose? - No, Sir, it was not; nobody stands behind the counter but my wife and me.

Mr. Garrow. Whether your wife had changed it for another you cannot tell? - No.

So that while it was in that drawer it might have been changed you know? - I do not know that it was.

No! nor that it was not? - No.

JOHN ACTON , Esq; sworn.

I am solicitor to the bank, I received this note from the hands of Thomas Hayward the witness, who wrote his name upon it in my presence, and I likewise: that is the same note.

JAMES WILLIAM LANDER sworn.

Mr. Garrow. Will your Lordship indulge me with a question or two to Mr. Lander.

What are you, Sir? - One of the cashiers of the Bank.

You are authorised to subscribe notes? - Yes.

Do you give security to the Bank of England for your fidelity? - Yes.

Mr. Garrow. My Lord, I take the liberty of submitting an objection to the competency of Mr. Lander, I take it for granted the gentleman is called to prove that the note produced is not his hand writing, I trust, my Lord, that the situation in which I stand, and the situation in which that unfortunate man at the bar

stands, will apologize for me to your Lordship, for taking the liberty of troubling your Lordship; and if, ultimately, it shall be the sate of my objection to be overruled, yet I trust I shall be forgiven for having made it, when it is considered that the defence of the prisoner at the bar is to be conducted by my inexperience and inability, against the first abilities and most confirmed experience that this country affords. I intreat your Lordship to believe that in this, and every objection I may take, I shall endeavour so to conduct myself, as to convince the Court that it is not my purpose to sport with their time, to trouble them with frivolous objections, or to impede the course of justice: the objection which I take the liberty of submitting to your Lordship is, that Mr. Lander is interested in the event of this trial, and I beg leave to premise that this objection does not go one single tittle personally against the character of Mr. Lander; I mean to argue it in the general, without suggesting an imputation on him or any of the gentlemen of the bank; and I say this, that not one individual here should entertain an idea, that criminality is imputable to those gentlemen, whose conduct and integrity raise them above suspicion; but it is my duty to submit to the Court, that an interest, the smallest that can possibly be conceived in nature, is objection enough to the examination of a witness, this is the law in civil cases, and therefore, I submit it is an objection, which applies a fortiori in a criminal prosecution: the case of a commoner, who comes to say that a common is not commonable but to such a number, or by such a description of persons, is extremely minute: yet such a man's evidence is uniformly rejected; the evidence of a corporator, who would confine the exercise of a franchise, is liable to the same objection; and even in questions about the settlement of a pauper, it is every day's experience that the parishioners can not be examined; I have heard it from the first authority in this country, recognized in this Court by great authorities on the trial of Mrs. Rudd, that Courts of justice do not fit to weigh what degree of temptations the minds of men may resist, but to take care that they shall not be exposed to any temptations whatever. My Lords, if a gentleman is going along the street, and his servant is assaulted, and an action is brought by the servant, the master is not bound to pay the costs, so says the law; but if the master is tendered as a witness, he is asked, do you pay the costs? the master will answer as a man of honour and generosity, I think I ought not to let my servant pay them; if I were stating such a case to the common understandings of men; of such a man as this, I should state, that he was actuated by principles of the first standard in morality, principles of justice to his servant, and acting under the influence of those principles, it is impossible that he should be biassed, to the commission of perjury, yet a witness standing in in this situation, is rejected in a Court of law. In the case of Mrs. Rudd, Mrs. Perreau was called as a witness, and it was asked of her, whether she had a hope that if Mrs. Rudd should be convicted, that conviction might have some effect to procure the pardon and discharge of her husband, who was already convicted: on her answering she did hope so, the Court refused to receive her evidence; what was the supposed bias on this woman's mind, viewed in the light of a legal objection. It amounts only to a hope, which might be fallacious, that if Mrs. Rudd should be convicted, that event might tend to induce a belief, that Mr. Perreau had been improperly convicted, and that mercy might be extended to him as the result of that belief; in the case of a common forgery the objection would be certainly unanswerable, we all know that a man who has subscribed a note, and is therefore prima facie liable to pay it, cannot be examined as a witness; but it will be said that Mr. Lander is not personally liable to pay this note; but my Lords, I conceive his interest in this question may be no less considerable, for he has told your Lordships, that he gives security for his fidelity, and I am entitled to suppose his bonds

are to the amount of twenty thousand pounds: if Mr. Lander, or any officer belonging to the bank should receive ten pounds, or any other sum, and issue a note without carrying the amount to the account of the Bank of England; if the Bank of England should have no value for that note, so issued by the officer, but if the officer so intrusted should subscribe his name, putting the money into his pocket, he would come here under this bias, if this is proved to be my hand writing, as it is not carried to the account of the Governors of the Bank of England, I am liable to a civil prosecution, on my security bonds for a breach of duty, and to a criminal prosecution, for a fraud on the bank. My Lords, when I stand here as council for a prisoner, and address myself to your Lordships, I am intitled in this state of the prosecution, to say, that the prisoner is as innocent as the witness tendered to be examined; then my objection is that this witness comes under the bias which I have taken the liberty to state, and I assure myself that if this objection should not meet with an insuperable answer, from those gentlemen whose answers I dread extremely, and the weight of whose abilities have almost deterred me from troubling your Lordship; I assure myself your Lordships will not receive the evidence of Mr. Lander, but will leave the fact to be proved by other and better, and less exceptionable means.

Mr. Bearcroft, Council for the Prosecution. My Lord, it is certainly very proper for a Council concerned for the prisoner to make any objection that may occur to him; and I am the last man in the world, as Council for a prosecution, that will even complain of the exertion of the ingenuity of an advocate in such situation: it is only my duty to submit to your Lordship the answer, which is, first, and it is a very strong answer, that the constant current of practice has been to admit such a witness as is now objected to, and I am only to appeal to your Lordship's experience, and that of the other learned Judges upon the bench for the truth of this assertion; that of itself my Lord is a strong answer to this objection: but however, there is another circumstance I am ready to admit, that it is the clear law of the land in civil cases, as well as in criminal, that whensoever a witness is called to prove a proposition in which he stands directly interested, to say yes, rather than no, he shall not be admitted as a witness to say yes; and I also admit that the question is not on the quantity of the interest, for if the interest amounts only to five shillings, it is as complete an objection, as if it amounted to twenty thousand pounds; the difficulty is to see how the learned gentleman applies the reasoning to the present case: Mr. Lander is a clerk of the Bank, but his signature does not bind himself, his signature professes to be for the Governor and Company of the Bank of England; if he were to offer himself here, upon an indictment for a forgery of Mr. Lander's note, beyond doubt he would not be competent a witness; but here he can never be sued civilly, because he professes to sign for the Governor and Company of the Bank of England; and whoever therefore receives that paper, must call on them and them only. The learned gentleman then raises another objection, in which he is forced to make a presumption, and a violent one it is, and contrary to the very first principles of law; he asserts that this Mr. Lander has given security to exercise his office faithfully, and then says, he, now I will presume he has not exercised it faithfully, but that this is his handwriting; that is, I will presume he is guilty of a capital forgery, in order to make him an interested witness, and to repel his evidence. My Lord, the law never presumes guilt, the law presumes innocence, and the learned gentleman cannot state his objection but in that form; by possibility, says he, it looks likely, or you are to take it for granted, that Mr. Lander has put his name to bank paper issued by the Bank, for certain purposes, and that he is guilty of the forgery: state the case, that here is a genuine bank note, that Lander puts his

name falsely without authority, and add some other circumstances that do not exist, and that is the foundation of the objection. Take it for granted that he is guilty of the forgery himself, and most undoubtedly by he is guilty of the forgery; but your Lordship sees the objection stands on the illegal assumption, contrary to the first principles of law: nevertheless, it is no reflection on the learned gentleman who has taken the objection.

Court. This objection is taken by the Council for the prisoner to the testimony of the witness Mr. Lander, as an interested witness; I remember in the case of Doctor Dodd , my Lord Chesterfield, whose bond it was supposed to be, and whose name was subscribed to it, before he was examined as a witness, he executed a release which made him a competent witness; now I take it, that to repel the evidence of a witness, it must appear that they would be liable to be sued or prosecuted: you are not to presume that a man is guilty of a capital crime in order to repel his testimony, and Mr. Lander has by no means engaged himself, and I think his testimony ought to be received.

Mr. Recorder. I am of the same opinion; the answer seems to be this, that in order to allow this objection, it is necessary to presume the criminality of the witness; the interest must therefore be either apparent on the nature of the transaction, or come out from his own examination: if the witness is interested, or if he admits himself to have an interest that operates in his own mind, in either of those cases, to be sure it would be an objection.

Mr. Sylvester to Mr. Lander. Look at that note? - It is a plain forgery.

Is it? - Yes undoubtedly.

Court. Is it your hand-writing? - No, my Lord.

Is it on bank paper? - No.

GEORGE VINCENT sworn.

I am entering clerk at the Bank.

Look at that bank note? - It is a forgery, it is not my hand-writing, it is not bank paper.

(The note read.)

"1783. No. 876. I promise to pay

"Mr. John Schutz , or bearer, on demand,

"the sum of one hundred pounds, for the

"Governor and Company of the Bank of

"England. William Lander , 100. Entered

" Geo. Vincent ."

(The note shewn to the Jury.)

Court. There is no variance between the note and the record.

Mr. Fielding to Mr. Vincent. You have seen that note? - Yes.

In the first place you say it is not your hand-writing? - It is not.

Wherein does it differ? - There is a very material difference in the one hundred pounds, which extends further than ours, the paper is more flimsy than ours.

Has that note any water mark in it? - I never observed it.

Be so good as to look at it now? - It is a very faint water mark if there is one, but I cannot distinguish it.

To Mr. Lander. Tell us the difference? - I see no water mark, here is something, but it is not clear, here is the word pounds printed in it, which is not in real bank notes, here is the hundred in the black, is joined with the letter F. it is jumbled together.

Mr. Sylvester. Is it either the plate or the paper of the Bank? - Neither.

Mr. Garrow. I do not doubt but these are perfectly distinguishable to you, but to men of common observation are they so very bad, as that a man taking notes in the common way of trade, might not have have taken them? - They might take them.

The Remainder of this Trial will appear in the next Part, which will be published in a few Days.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 25th of FEBRUARY, 1784, and the following, Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of William Newland .

EDMUND PATMAN sworn.

Examined by Mr. Sylvester.

Do you know the prisoner? - Yes.

Did you at any time go to Norwich, or the sea coast? - Yes, I believe it was about six weeks ago.

Where was you? - I went from London, a young man and I, to Swolen in Norfolk, there we met Newland and Davis; it was about six weeks ago.

Was it before or after Christmas? - After; we staid there that night, it is about thirty miles from the sea coast, we went from there to Southwold, which is close joining to the sea, I believe we staid there seven or eight days.

Who staid with you? - Davis and Newland, and one Handby that went down with me, and Newland's man.

What name did Newland go by? - By the name of Brown.

What name did Davis go by? - By the name of Pitt; we continued there six or seven days, then we went to a place called Cuthie, it is about three quarters of a mile from the sea, we staid there I believe much about the same time, eight or nine days.

Where did you go from thence? - From there we came home to London.

Court. What was your business in going there? - We went there to assist him to get the goods away from the water side.

Mr. Garrow. Master Patman, there is some good moon-shine at Southwold, is not there? - I do not know what that is.

Lord bless me! I thought you had learned that in the Exchequer long since; do not you know what white brandy is? - I never sold any.

Oh! you only carried it, you was a sort of huckster then; pray Master Patman, what might your travelling name be in this expedition? - My name was Smith.

Pray Mr. Smith, alias Patman, what was your reason for exchanging your name? - That the Custom House officers should not lay hold of us.

It is very common you know, for gentlemen and nobleman to go incog. so the cutter did not come in sight, and you came away to town, is that it? - Yes.

Mr. Sylvester. Who desired you to take the name of Smith? - I do not know whether it was Newland or Pitt, or who it was.

Mr. Garrow. It was some of the gang? - We expected some smuggled goods that Woodin and Thurston went over to buy.

Mr. Sylvester. What were they to pay for the goods? - I understood it was paper.

Who was to pay for them in paper? - Woodin.

Mr. Garrow. My Lord, is it proper for us to hear the whole journey of this gang to Bruges. What did Newland say to you about these transactions or this journey? - Very little.

How came you and Newland to leave the coast? - I went down to Yarmouth, and I heard they were taken up for a forgery on the Bank, I told Newland, that I heard a man on the other side of the water was taken up for forgery, he seemed to be surprised, and said, he knew nothing about it; we came about fifteen miles the next day to the place were Davis took coach, and Newland and I came up in his little cart.

What name was there on the cart? - I do not know, I believe Newland, I am not sure whether it was upon it or not, I cannot read.

Mr. Bearcroft. Why did the party break up? tell the whole, upon your oath? - I do not know.

What was said about parting company? - Nothing particular.

How came you to leave the coast and part company? - Upon the account of the other man being taken up on the other side of the water, for a forgery on the bank, that was what I understood at Yarmouth.

Mr. Garrow. Somebody told you these men were taken up for forgery? - Yes.

And you told Newland so? - Yes.

And he afterwards came up to his own house? - He came to Rumford near to it.

You cannot read? - No.

Nor Newland neither? - I believe not, I believe he can neither read or write.

CHARLES JEALOUS sworn.

I went to Chinkford to apprehend the prisoner, it was on a Sunday morning, and very snowy; we saw a woman come from Chinkford Hall, to light a candle at that man's house, as soon as the door was open we went in immediately, I went up stairs, there were two people in bed, a man and woman, he said, his name was George Newland , says I, where is your brother Will; says he, I do not think I have seen him for this ten days; I went into another room, I saw a woman, and I asked her when she saw William, she said, not for a great while, I then saw I believe his nephew.

Mr. Garrow. Will your Lordship take the account of what all these people said to the witness.

Court. Where was he found? - I came into the wash-house, and I saw a man come out, and I asked him where he came from, he said, down that stair-case, I immediately went and clapped a pistol to his head, and said, if you stir, I will blow your brains out! says he, I shall make no resistance, he said, he supposed we wanted him; we brought him down from there, and he asked what was the matter.

Did he know you before? - Not to my knowledge.

Did any thing pass after that? - He asked what it was for, I told him it was for making bank notes, and he said he could neither read nor write.

Mr. Bearcroft. My Lord, there is a piece of evidence behind which I did not open, I have a witness to prove, that previous to the time of delivering these bank notes that have been produced; the prisoner at the bar offered to sell eight hundred pounds in bank notes for four hundred pounds.

Court. I do not think I should receive that.

Mr. Garrow. I wish Mr. Bearcroft had contrived any way that the Jury should not have heard it.

Prisoner. My Lord I never offered any bank notes under the value in my life, here I stand, my life is at stake.

Court to Prisoner. There is no evidence on that subject, these bank notes you were to have received the full consideration for,

These notes my Lord I had of Henry Davis , I told them I had them of him, for he was a man of property; I am as innocent of the forgery as a child unborn, I said that Davis had lent me ten pounds of the money, and I put my hand in my pocket and gave it him; he said he was very glad of it, that is all I know of the matter.

Mr. Garrow. My Lord I am ready to call several witnesses to prove the purpose of going to Norfolk; but I take it to be proved that this man went into Norfolk on a smuggling party, and that he came back again to his own house.

NOT GUILTY .

Tried by the London Jury before Mr. Baron PERRYN .

277. The said WILLIAM NEWLAND was again indicted for forging and uttering the other bank note, laid the same as the former ; and there being no further evidence, he was of course. ACQUITTED .

Mr. Garrow moved the Court that the prisoner might be immediately discharged; but he was ordered to be detained till the Gaol Delivery.

Reference Number: t17840225-14

278. WILLIAM PROSSER was indicted for feloniously assaulting Isaac Poland , on the 17th of February last, on the King's highway, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one linen handkerchief, value 1 s. one man's hat, value 5 s. and one half guinea, value 10 s. 6 d. and 1 s. in money, the property of the said Isaac .

ISAAC POLAND sworn.

On Tuesday last was a week, the 17th of February, I was coming out of Drury-lane play-house, coming up Bridges-street , two men came running with great force, one of them and the prisoner took me between them, directly off the pavement, I said where will you push me to, and a coachman from a gentleman's carriage called out, Sir, one of the men has his hand in your pocket; when I looked about, this prisoner at the bar had my handkerchief in his left hand, and threw it away to another man, and when I looked up there were four more of them, I went to run after the other man who had the handkerchief of this man, he directly took hold of me, and four of them came against me, and dragged me between two hackney coaches, I said, what do you mean by all this? one of the men laid himself on the ground, and gave me a punch, and I fell under a coach, and this man put his hand in my breeches pocket, I cried out murder directly, then he took my buckles, then I cried out murder again; when he took the money he cried out, Will, here! and he came and took the money from him, and took my hat and run away; then I called out murder again, and he held up his elbow, and gave me a knock here, and I have the mark yet.

Did you feel him take your money? - Yes, he put his hand into my pocket and took out the money, and gave it to another person.

Did all this happen in the publick street, when all the people were coming out of the play-house? - Yes, there was such a noise with coaches and link-boys; this soldier came and took the prisoner.

Now upon your oath did he take the money from you, or did it drop out of your pocket in the scuffle? - No, he took it out of my pocket.

Are you sure it did not fall out in the scuffle? - I saw him take the money out and give it to the other person.

And did they attempt to take your buckles out of your shoes in the street? - One came and unbuckled one buckle, and the prisoner came and laid over me; I held the man that laid over me, while this soldier came and released me.

Court to Prosecutor. Did you ask him that question? - No, I told the same story I tell you.

Prisoner. It is quite a different one, upon my honor, my Lord.

Prosecutor. I know him directly.

THOMAS HAYES sworn.

I know no further then taking the prisoner from the prosecutor's body in the street; when I went to them among the coaches, there was one in a blue jacket and trowsers with his face towards the ground, and the said Isaac Polland was with his face upon that man's back, I laid hold of him, and said, Sir let him go, and I took him to my post and kept him till a constable came, I did not see him take any thing, there was somebody running away.

PRISONER's DEFENCE.

I was coming up Bridges-street, and coming by Drury-lane play-house this genman caught hold of me by the arm, and told me I had picked his pocket, I immediately denied it, he said I had his handkerchief about me, and he gave me into the charge of one of the soldiers, when I came to the watch-house I was charged with picking a pocket of a handkerchief, then afterwards he said eleven shillings and sixpence, I was paid off two months ago, I have no friends in London.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-15

279. SAMUEL CHAMPNESS was indicted for feloniously assaulting Dorothy Jennings , spinster , on the King's highway, on the 21st of December last , and putting her in fear and danger of her life, and taking from her person and against her will, one black sattin cloak, value 20 s. and one pair of woman's pattens, value 6 d. the property of the said Dorothy .

DOROTHY JENNINGS sworn.

On the 21st of December I lost my cloak, a little after six in the evening, I was going up Constitution-hill , I met two men they stopped me.

In what manner did they stop you? - The first man just passed me, and the other immediately spread out his arms and stopped me, the prisoner at the bar turned about, and put his hand on my mouth, and said if I spoke a word, he would kill me immediately, I pushed him off me, and begged he would let me alone, and let me go about my business.

What did they do or say about that? - They said if I spoke a word they would kill me immediately.

Did they take any thing from you? - Yes, my Lord they took a black sattin cloak from me.

Did they take any thing else? - The prisoner took my patterns out of my hand.

Did they go away when they had taken them? - They went away, and then I was going after them, and they turned about and saw me going after them, and they came up to me again and threatened me if I stirred; the prisoner put something to my face, and said, did I see that, I said yes and they desired me not to stir, and I said I would not.

What was that he put before your face? - I do not know, I was so frightened cannot tell.

They did not attempt to any thing else from you, did they? - No.

Did they ask you for any money? - No.

How soon afterwards was the prisoner taken? - They both of them set a running again, and I run after them, and as soon as I saw somebody coming, I called stop thief; the other was taken and tried last sessions, the other man was stopped just by the Queen's Palace; the prisoner was taken the 26th of January.

What light had you by which you saw these two men? - It was just under a lamp where they robbed me, just by the Queen's Palace, that side next to the Queen's Palace, not in the Green Park.

Had you any light but that lamp? - No.

You was very much frightened at his stopping you? - I was not so much frightened then.

The prisoner passed you and turned back? - Yes.

Then at first your back was to the prisoner? - He was not above a yard or two from me.

Was not you very much frightened when the prisoner put his hand over your mouth? - I thought it was some man that had a little liquor, and so I did not mind it.

Will you take upon you to say that you had opportunity enough to observe the prisoner by the light of that lamp to know him again, at above a month's distance? - Yes, they stopped so long with me, they were with me six or seven minutes, the Justice sent for me, there was a cloak found in his pocket, and I went to see if it was mine, but it was not, and then Mr. Bond told the man to take me over to the publick-house, and there I saw the prisoner, there were a matter of thirteen or fourteen prisoners with him, I knew him as soon as ever I saw him.

Are you sure that he is the man? - Yes, I am very sure of it.

Prisoner. When that woman came to Bow-street when I was as a prisoner, she came into the office backward, and was asked if she knew any person that were present, she looked at me several other persons, and said she knew nobody, Mr. Wright said, what, do not you know any body? she then came and looked at me, and when she looked at me, she said I was not the man, she was present when I was examined, the man was brought to swear to me, he declared I was not the man, he should have known me.

To Prosecutrix. Is this so? - No, he was in the middle, and I knew him direct.

Did you say at first that you knew nobody there? - No, I did not.

SAMUEL MAYNARD sworn.

I went by Sir Sampson's orders, on Monday the 26th of January, with Mr. Macmanus and several more down into Essex to search for them, and we found the prisoner and five other old offenders, in searching this man a cloak was found, and notice was sent to the girl, and she was ordered to attend; I was not at the office when she came.

PRISONER's DEFENCE.

I did not think my trial would have come on, therefore I have nobody present, the other person that was robbed in the Park before did not know me; nobody knew me: but by the persuasions of Mr. Wright, that woman said she knew me; there were two men and a boy were called upon, and none of them knew me, only this gentlewoman by the persuasions of a man, swore to me for the lucre of gain. I had called in at a house to receive some money, for some coals for my father.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-16

280. JAMES BURNE was indicted for feloniously assaulting Elizabeth the wife of Richard Luke Farmer , on the King's highway, on the 27th of January last, and putting her in fear and danger of her life, and feloniously taking from her person and against her will, one black silk bonnet, value 4 s. and one silver hat pin, value 4 d. the property of the said Richard Luke Farmer .

ELIZABETH FARMER sworn.

I am wife of Richard Luke Farmer , I was robbed on the 27th of January last, it was exactly five minutes after six o'clock by my watch, when I went from my own house, which is opposite the London Infirmary

and I was robbed at the last lamp fore I came to the end of the workhouse wall.

Was you walking? - Yes, with my nephew, a little boy, I was stopped by the prisoner, nobody else was with him, I was walking on towards the wall, and my nephew by the side of me, and I felt a small blow on the back part of my head, I turned short and thought it was Mr. Farmer that had run after me, to speak to me; I went to say my dear, and I saw the prisoner look me full in the face, I had a large riding cloak on, as I had just come out of the chaise, he pulled the cloak so tight that it stopped my speaking, my arms were through the holes, he then attempted to pull my bonnet, he gave me another blow, but whether I fell down with the fright as he was pulling my bonnet, or whether he knocked me down I cannot say, but he took off my bonnet, and a silver pin; he passed me and run down Mr. Haydon's yard.

Did you cry out afterwards? - Not till I got up, I got as far as Mr. Lake's the tinman's, I then cried stop thief! Mr. Lake's man came out and asked me what was the matter, and I went into Mr. Lake's to compose myself a little, and as I was coming home Mr. Lake's clerk run after me, and said, Madam, we have got the man, I believe it might be about a quarter of an hour, I said to my nephew run home to your uncle, when I had got to the end of the street, the prisoner was behind me with Mr. Lake's clerk; and he said, here take your bonnet, why do not you let me alone as I go along the street; and I said, my friend, I never spoke to you, and I took the bonnet I believe from him; there was a tall man that had taken the prisoner, but whether it was him or the prisoner that I took the bonnet from I do not know, he was brought home to my house, and a constable sent for, and the prisoner was taken into custody.

Do you know the prisoner at the time of the robbery? - I saw his face as plain as I see yours now.

But if he had not afterwards come with the bonnet would you have known him? - Yes, he had a pair of trowsers, and a coat on; he was taken before Justice Staples that evening.

THOMAS DALMAN sworn.

On Tuesday the 27 th of January, as I was going through Mr Haydon's yard between six and seven o 'clock, I heard the cry of stop thief, in the road two or three times; I set myself against the wall in the narrow part of the passage, and I heard a man come running up full speed towards me, when he came up to me, I caught hold of him, and there was this bonnet in is hand, and this pin on the left side, I secured him till I delivered him to the constable, when I took him into the road I saw Mrs. Farmer, and she owned the bonnet.

How came you to speak to her? - I did not speak to her till I brought the prisoner back, I followed after her by the people at the tin shop telling me she was gone on; the prisoner told me it was a bonnet he had made his whore a present of, but had taken it away from her, I said, then return it to your whore again.

What did he say when he came up to Mrs. Farmer? - I cannot recollect.

Did he say any thing to her about the bonnet? - I cannot recollect, I think the prisoner delivered the bonnet to Mrs. Farmer.

JOHN VAUGHAN sworn.

I know nothing respecting the robbery, I took the prisoner into custody, after he was taken, he said, it was the first offence he had committed, and he did it intirely through necessity and want, and he told me as I was taking him to Newgate in the coach.

Prisoner. I have nothing to say, I leave it to the mercy of the Court, I am quite a stranger, I have no witnesses.

281. JOHN RAYBOLL was indicted for feloniously assaulting Richard Jennings , on the King's highway, on the 9th of Feb. and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one piece of gold coin of this realm, called half-a-guinea, value 10 s. 6 d. and eight shillings and sixpence in monies numbered, his monies .

RICHARD JENNINGS sworn.

I was robbed on Monday the 9th of February, about half after seven o'clock, by the wall which incloses the French Hospital , near the City Road , leading from Old-street Road, I went from my own house in Old-street Square, to the New workhouse, and just as I got to the corner of this wall, there is a lamp, and before I came up to the first lamp, I saw two young fellows, one of them went to the wall as if to make water, I passed them some paces; after I had passed them, one of them comes running after me, and laid hold of me by the collar and desired me to stop, I did so; they held something to my head, which appeared to me a thick wooden stick, a truncheon, I do not think it was a pistol; after that the man that stopped me, pinned me up against the wall, there was a lamp just above my head, which was the second lamp on that wall, the other instantly came up that was along with him, and took my money out of my right-hand breeches pocket, there was half-a-guinea and about eight shillings and sixpence in silver, as near as I can tell; previous to their taking it, one of them tried several times to pull my hat down over my face, but it being very stiff over my head, it went up again, I could discover both their persons exceeding well, it was on high ground just under a lamp, and they were below me, then after they had taken my money, I asked them which way I should go, whether I must go on, or which way; they said, I might go on, they run down Old-street Road and I went the City Road.

How long might they be with you; - Not above a minute and a half at most, I made no resistance, I had not so much as a stick; in the City Road I saw the watchman in his watch box, and I gave him information, and a description, soon after that, some of Sir Sampson's Officers Bow-street came after me, I was then going with the patrol in the City-road, they asked me if I was the person that had been robbed, I told them yes, and what I lost, I gave a description of the persons of the robbers, the officers said they would let me know; the next evening I was informed that a person was taken into custody; near the same spot where I was robbed; I went to Bow-street on the Monday after, when I came to the office there were five people at the bar, and Sir Sampson asked me to look at the five, and see if I knew any of them, I saw the prisoner who was one of the five.

Did you pitch upon him immediately? - I did; I knew him very well before this transaction, I have known him from a child, I am sorry to say it, he is one of our own parishioners.

Did you know him by sight only? - I knew him by sight, I knew the whole family; I was not confident at the time I was robbed that it was this person, but when I saw him at the office, it struck into my mind directly that he was the person that stopped me, I was clearly convinced he was the person that stopped me.

Was not you flurried at the time? - I was very much flurried at the time, one run after me very hard, and laid hold of my collar, but I had opportunity enough to observe them afterwards; and it came into my recollection before I went to Bow-street, that it was this lad which I knew.

Are you clear now that that was the man? - I have not a doubt in my own mind about it, I believe he is not the person that took the money from me.

What was this lad? - I do not know what business they were, but the family had lived in a street near me for years.

What did the prisoner say at the office when you first pitched on him? - He did not say thing then.

I am one of the patrol, I took up the prisoner on the 10th of this month, the Tuesday evening a little before seven o'clock; we took along this dead wall, it is a place called Ratcliffe Row, we had seen the prosecutor the night before, and he gave us a description of the men; he said he was sure he should know them, he had seen them in and about Old-street; the night following about twenty minutes before seven o'clock, we were walking along this wall, and we stopped the prisoner at the bar, and my partner caught hold of him and searched him, and found a cutlass on him in his coat, he had a large coat on, he said, he was going to Noble-street, and he was going at the same time into the City Road.

JOHN SHARROW sworn.

I can say no more than what Macmanus has said.

PRISONER's DEFENCE.

When the prosecutor went home, he said, he had been robbed, and that he knew the party that had robbed him, which was a cappital tradesman's son, when I was taken up to Bow-street, and when Mr. Jennings came and learnt my name, he went home again and told his man, says he, it is one Raybold's son that was examined, but it was not him that robbed me; the man told my father.

Court. What is the man's name? - John Shepherd .

Court to Prosecutor. Is that so? - So far from that, I have never had any conversation with that person that he speaks of on the matter, and that night that the robbery was, did not go home to my house in Old-street Square, for part of my family is at Islington, and I went up to them, I never had any conversation with the man at all, on no such subject in my life.

The Prisoner called three witnesses who gave him a good character.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-18

282. MARY TALBOT and SARAH DAVIS were indicted for feloniously stealing, on the 9th day of February , twenty yards of white thread lace, value 20 s. the property of Henry Pearson , privily in his shop .

HENRY PEARSON sworn.

I am a haberdasher in Oxford-street , I only swear to the property, which I had before.

JOHN BARNES sworn.

I am shopman to the last witness, we lost part of the lace that was in the box, and two cards of lace, between four and five on Monday the 9th in the afternoon; I know the prisoners; Davis and the other prisoner came about four or five o'clock in the afternoon, and said they wanted to look at some lace, for they sold it again, and ought to have an allowance; they were at our shop in the morning before, and I shewed them some lace, and I missed a length of lace then, but could not be sure they had taken it then, therefore we concluded if they came again to be very cautious in serving them; Davis bought three yards at nine-pence; she paid me a part and Talbot paid the rest, they said, they would buy some more if I would shew them any thing of bargains, I shewed them several afterwards; and they made a hesitation about the price. Davis took one card in her hand, she undid it till she came to the joining where it was pinned: she unpinned, and took the lace.

Court. All this in your view? - Yes, but she did not know I took any notice; she took the lace and put it between her body and the other, and dropped it on the ground, she then took another card up.

Court. Did you make any objection to this? - No, I saw her put the card into the box, and I was convinced she had dropped the rest on the ground; but she had done the lace up so as if there was the whole on the card; I did not see them take the other two cards, nor I did not miss them at all; at last they went out of the shop, and said no more would suit them; I went out about

a minute after, and went into Mr. Agar the confectioner's two doors off, who was constable, and gave him charge of the prisoners, they were taken into Mr. Robert's, an ironmonger.

Court. Are you sure of the prisoners? - Yes; their hands were tied together, and we took them to the watch-house, just as we were going to take them out, Mr. Roberts's young man said, here is a card of lace, that was about two feet from Talbot, and immediately after, he said, here is another card, that was about four feet from Talbot, the prisoners were still in the shop.

Court. Had the prisoners been in that part of the shop where the cards were found, or were their hands so much at liberty, that they could have thrown the cards there? - They had been moving about, and I suppose they dropped them there; I then saw the two loose lengths on the ground, underneath where Davis stood; I know the lace, it was the same pattern and quality, and every thing with that which remained.

Court. Are you sure those two lengths of lace were on that card when these two women came into your shop? - Yes, I saw them do the fact, and I strongly thought, I was sure Davis had the property about her, I did not see the other two cards in the box, and I cannot swear either of them had these two cards in their possession, but these two cards were my master's property, there is my own private mark on them.

Court. Had Mr. Roberts's family purchased any lace of you that day? - No.

Where were those two cards of lace, when they came into your shop? - If they stole them at that time, it must be out of that box, but I will not swear they were in that box; the prisoners were taken to the watch-house, I had the lace in my possession till the constable came, he searched them and found nothing on them, but a bit of lace in Talbot's bonnet, which was not ours.

Court. You found the three yards of lace that you sold them? - Yes, Sarah Davis took that lace in her hand, and said, this is my lace; Samuel Agar is the constable, he has been here two days, he gave me the property, and hoped he should be excused attending.

Court. That lace has been in the custody of the constable who delivered it over to you? - Yes.

Court. It may have received some alteration, he may have substituted other lace, I cannot take your evidence on that subject.

SARAH DAVIS 's DEFENCE.

I am innocent, I know nothing of the lace, he tells a falsity, I went in to buy three yards of lace, I deal in lace ; I had nobody to send for any witnesses.

MARY TALBOT 's DEFENCE.

I know no more about it than she does, I have friends and relations, but they are not here, they were here the day before yesterday.

Jury. I received a letter from Mr. Agar, and sent to him, to tell him, the necessity of his attending.

Court. I have mentioned it to my brother Gould, and he thinks it would be too much to estreat his recognizance, therefore let it be discharged.

(The lace opened and deposed to by Barnes)

Court. Gentlemen of the Jury, it appears the shopman observed every thing that was going forwards, therefore this is certainly not the case, that the act of Parliament provides against, which is privately taking from the shop, for it was an open taking in the view of the person: I have mentioned it to my learned brother here, and he concurs with me in opinion, that notwithstanding the two cards were not observed to be taken, yet he observed the first taken, that was the first act, and the other will not vary the case at all: your verdict will therefore in my apprehension be, that they are guilty of stealing, but not privily out of the shop.

To be each confined to hard labour six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. Baron PERRYN .

Reference Number: t17840225-19

282. MATTHEW COSTILLO otherwise COSTELLA was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 15th day of January last, with force and arms, in and upon one Elizabeth Tarrier , spinster , in the peace of God and our Lord the King then being, did make an assault, and her, the said Elizabeth, against her will and consent, feloniously did ravish, and carnally know, against the form of the statute .

The Witnesses examined apart by the request of the Prisoner.

Mr. Williams of Council for the Prosecution, opened the case as follows.

May it please your Lordship, and you Gentlemen of the Jury, it is a painful circumstance to any person of feeling, who has attended this Court on this sessions, to think of the number of culprits, that are brought here for such a variety of crimes; in the morning we heard of burglaries, of highway robberies, of pocket picking; we are now about to prove a crime, which you have just heard named in the indictment, a crime of a very different, and of a most enormous nature: a crime which has been held by the laws of all civilized countries, justly deserving to be punished with the most extreme rigour. But it would ill become me, Gentlemen of the Jury, who am of Council on the part of a criminal prosecution, and would also be utterly inconsistent with my feelings as a man, to attempt any appeal to yours; I shall therefore barely mention the facts, I am instructed to say, will be proved in evidence before you, for it is from them alone you must decide.

The prosecutrix is stated to me to be a girl of about fifteen years of age, a poor, country, fatherless child, who was left with nine more to be maintained by a poor widow in Hertfordshire, and one Skelton a coachmaker, who married an aunt of this woman's, merely out of charity, sent for this girl, and recommended her as a servant maid to the Hospital for Inoculation for the Small Pox , at Pancras, where she lived for about six months, and bore a very extraordinary character, as you will hear from the Matron of that hospital: after she came away from there, she was recommended as a servant to Mr. Owen Connolly , who keeps a publick-house, the Fountain in Monmouth-street. The prisoner is a saleman in Monmouth-street , one of those that hang out clothes for sale, as you see in that street; he lives nearly opposite the Fountain: whether this girl might have been a prattling girl or what I do not know, but it seems very soon after she came to live at this house, he formed a design to commit a crime of the sort which he afterwards executed, and on the 15th of January last, the prisoner at the bar went to the Fountain where this poor girl lived servant, to order a pot of beer; it happened that the man who generally went about to carry the beer, a soldier of the name of Barnet, was not in the way, and this poor girl was desired to carry the beer over to the shop of the prisoner at the bar; it was then after nine o'clock at night, as soon as she went with this beer, and entered the shop where the prisoner lived, the prisoner immediately locked the street door upon her, took the beer out of her hand, and took her by the arm; the girl asked the prisoner what he was going about, he gave her no answer, but put her neck and her heels together, and put her petticoats over her head, and notwithstanding all the resistance this poor girl could possibly make, committed this crime for which he is now to be tried by you. The girl as soon as she could get away, came directly to her mistress, Mrs Connolly, who, one would suppose, would have been irritated at the thoughts of such a thing being committed on a poor fatherless child, but instead of that she says to her,

"of money, and you need not be afraid." The girl then fell a crying and wanted to go home, but her mistress sent her to bed: in the morning the girl wanted to go home, but however soon after Mrs. Skelton came to the house, and the girl told him the whole story, and he upon hearing it thought it his duty to bring this prosecution forward. Gentlemen, it is proper for me to inform you that you will find one material piece of evidence wanting on the part of the prosecution, and of which we are deprived by an accident; it is the evidence of a Mr. Hall, a surgeon, who examined the girl; he had the misfortune on Friday last to fall down in Chancery-lane, and hurt his leg; upon this event I meant to have moved the Court to have put off the trial, but Mr. Skelton, who prosecutes only for the sake of publick justice, said he could not afford to put it off. Gentlemen, these are the facts which I am instructed to lay before you, and which will be proved in evidence. I am well aware that prosecutions of this nature are, with great propriety, very cautiously attended to by Courts of criminal jurisdiction, as they are prosecutions which may be very easily made, and which are very hard to be defended: but however, gentlemen, when you see this poor girl, and hear her give her evidence, you will be able to judge whether a rape has or has not been actually committed by the prisoner: if it has been committed, the offence is certainly, as a great man has said, a very detestable one; if the crime has not been committed, if this is a mere trick, a mere conspiracy, to bring an innocent man to this bar, you will then acquit the prisoner, and I am sure he is extremely fortunate, in having such respectable gentlemen as you, to decide on his life.

ELIZABETH TARRIER sworn.

(Examined by Mr. Williams.)

How old are you? - Sixteen, I am servant to Mr. Conolly, at the Fountain in Monmouth-street, I lived there nine days.

When did you come away? - On the tenth day, on the Friday.

Court. How long after this affair? - The next day.

Relate to the Court what happened to you? - On Thursday the 15th of January last my master ordered me to take a pot of beer to Mr. Costello.

Do you mean the prisoner at the bar? - Yes, I took it to his shop, and he bid me set it down on the compter.

Court. Where does the prisoner live? - In Monmouth-street.

What is his business? - A saleman; I set the beer on the compter, and coming out again, he caught hold of my arm, and doubled me neck and heels together.

Court. I do not understand that doubling neck and heels together? - He put my head to my legs, and took and carried me neck and heels together.

Court. Did he tie you neck and heels? - No, he did not tie me, but he held my head and my heels together, that I should not proceed to call out.

Was there any body in the house at that time? - There was nobody in the parlour, nor yet in the shop.

You saw no person in the house? - No, then he took me into the parlour, and locked the parlour door; he then downed me on the bed, which was in the parlour, and I got up again; then he forced my legs open with violence, and entered my body with violence; after he had his will of me, he wanted me to lay hold of his private parts, and he would not let me go till some time after? then our man came to the door and asked whether Betty was there, he asked what Betty, and the man said Betty that lives at Mr. Connolly's, and he said she has been gone half an hour, and he stood doubling his fist at me, and swearing in such a manner that I durst not halloo out.

How long did you stay there afterwards? - Then he swore God damn me for a bitch, he would ravish me, he would ravish me.

Did you say any thing to her? - No, she began to hall jeers at me, so I did not think it was fit to tell her.

How soon did he let you out? - In about half an hour; I did not say any thing to my mistress, because she said, Betty, never mind it, never look down, if long legs has got you with child; but cast yourself up, and make yourself as brisk as you can, I will be bound he will be a good father to it; this was as soon as ever I got into the house.

How long afterwards was it before you saw your aunt? - On the Friday night the day after.

Did you complain to her of this outrage? - Yes, my mistress took my aunt into the bar, and said, Mrs. Skelton, here is a very bad accident happened to Betty.

Court. Then your mistress first told your aunt of it? - Yes.

Say what you said yourself to your aunt? - I told my aunt the first beginning of it, and every thing; she came to me and insisted on my telling her, and I told her how Mr. Castello used me, and every thing about it; she went home directly to my uncle, and I saw my uncle, and I told him the same.

Did you see the prisoner at the bar afterwards? - Yes.

Did you accuse him before any person? - My mistress fetched him and I face to face, and I told him it was so, and he denied it.

What did he say? - He said he never meddled with me.

Court. You say this happened on the Thursday night? - Yes, between nine and ten.

You say you came home in a quarter of an hour after, and you never mentioned it till the Friday, at what hour on the Friday did you mention it? - About six in the evening.

From the night preceding, when you returned home, till six o'clock the next evening, was you confined in the house of Mr. Connolly? - My mistress made me go to bed.

But when you got up in the morning, had you not free liberty to go to your uncle and aunt? - I got my hat and cloak on, and my mistress would not let me go, but said she would send for my aunt.

At what time did you make an attempt to go? - About twelve.

Court. You might have gone before that, and it was natural that you should have given the earliest intelligence to those persons that you thought your relations and friends, you should have gone immediately; how came you to debate on this matter for such a length of time, was you ballancing in your mind whether you should make any complaint or no? - My mistress would not let me go.

That was at twelve o'clock, but previous to that you was at liberty to go, and especially when your mistress treated you in the manner you have represented, and laughed at you; I should have gone to my friends, to my uncle and my aunt; but the manner in which you have described this thing is not sufficiently explained to the Jury; you must be more explicit; you have said that he forced open your legs with violence, and entered your body with violence, but you should describe the manner of it, because if there was not compleat carnal knowledge, the prisoner cannot be convicted of this offence; he might enter your body with violence, and yet not have carnal knowledge of you? - He had knowledge of me.

You must speak particularly.

Mr. Sylvester Council for Prisoner. What o'clock was it when you carried the pot of beer on Thursday night? - At first and last I had been with him half an hour.

What o'clock was it when you returned home? - I do not know, I returned back about half after nine.

Your mistress threw jeers at you you say, and bid you be in good spirits? - Yes.

You took her advice, I believe, and was in pretty good spirits that night, was not you; what o'clock did your master shut up that night? - Always shuts up at eleven.

You have told this gentleman that he threw you with violence, and forced your legs open with violence; do you remember, when you was asked that question before the Justice, your saying no; when the Justice asked you whether he threw you down with violence, and you made any resistance, you said no, no? - I made as much resistance as ever I could.

Court. It is a plain question that the gentlemen puts to you; while you was before the magistrate, did not he ask you whether the man, charged by you with this offence, had thrown you down with violence, and whether you had made all the resistance you could and you answered no; recollect now, did you say no, to the Justice, or yes? - I did not know what resistance was.

Mr. Silvester. You know what resistance is now - Yes.

Who told you that you must say now it was done with violence? - Nobody told me.

How did you hear it? - I heard somebody say so.

Now pray who was that somebody? - A woman going by.

What did that good woman say to you? - She was talking about resistance.

What did she say? - As I was going by some woman was telling another woman what resistance, meant.

So two women were talking together about resistance, and there you learned what resistance meant? - Yes.

Then you did say, before the Justice, that you did not resist; you answered no, when the question was put to you there? - Yes.

The prisoner, I understand, is a man of some property, is not he? - Yes.

Some of your friends have made enquiries about that? - No, none of my friends that I know of.

Did you understand likewise, that this house of his he lets out in lodgings? - Yes.

Now when you said there was nobody in the shop and in the parlour, do you mean to tell my Lord that there was nobody else in that house, either above stairs or below? - I did not know there was any body.

Then you only meant to say that there was nobody in the front shop, and in the back shop, which he occupied? - No, Sir.

What did you mean by being doubled together neck and heels? - He put my head and my heels together.

What so? (doubling up his brief.) - Yes.

Then he laid you on the bed, there he left you, and you staid, I hope, till he shut the door? - No, I got up again.

Did you call out? - No, I called once, and nobody came to my assistance.

Did not this hurt you, being doubled? - Yes.

Very much? - Yes.

And yet you did not scream out then? - I could not scream out, he laid his hands so upon me.

Why you know he doubled you like this sheet of paper, and carried you ill, and you never cried out? - I could not.

Why did not you tell Barnet your fellow servant of this? - No, Sir, I did not, I want to see some of my friends to tell them first.

Do you know a man of the name of Grant my young woman? - He is a lodger of my master's.

Who is he, he is a good likely young man, is not he? - He is a sailor.

You and he are acquainted I understand? - No.

Do you know him? - No other than giving him a candle to go to bed by; I know nothing of him no otherwise.

How otherwise do you mean that you you might know him? - I never had nothing to say to him, nor he to me.

Why, I thought he was a bit of a sweetheart of yours? - No, Sir, he is not, nor ever was.

What did they say to you, when you returned home, after you had carried the beer? - They asked me why Mr. Castello kept me there; I did not tell them any thing farther.

Mr. Williams. When you was examined before the Justice, what did you say? - I told the Justice the same as I told you now.

Did you say to the Justice, that he forcibly, and against your will lay with you? - Yes.

Court. It will appear by the deposition what she said there.

Court. Your master's house was a publick house? - Yes.

When you returned, about half an hour after nine o'clock, were there no persons drinking in the house? - Yes, there were five or six.

Did you see Mr. Grant that evening after you received the injury? - He was in the tap-room when I came in.

Did you make any complaint to him? - No.

Did you make any complaint to the five or six persons that were drinking there? - No.

Mr. Williams. My Lord, here is the examination in writing.

Court. It is no evidence, only to ascertain that fact.

ANN SKELTON sworn.

Mr. Williams. I believe you are the aunt of this unfortunate girl? - Yes.

When did this girl go to Mr. Connolly's service? - I cannot say, but the rash act was committed the 15th of January.

She was there about ten days before that? - Yes.

When did you see her after the 15th? - I saw her on the Friday about six o'clock, as that happened on the Thursday; I went to carry her some things, and when I came to the bar her mistress desired me to walk in, and her mistress s aid, ere is a terrible thing happened, says she, to Betty; says I, what; says she, it is a man has ravished her, one of our customers; I said, can I see her; and she said, if you will stop a little I will go into the kitchen along with you; I went to her, and she was crying bitterly at the sink, washing the dishes, and I desired her to tell me the truth; whether the man had laid with her, or whether he had not, and she said, yes, he had; and I made her answer, then you stay here, I will go and send your uncle, and her mistress desired me not to go home and tell my husband; for the man had money and he would maintain the child and her too, if in case she had one, and it was pity to take a man up to lose his life; I went home and my husband was not come home, I sent for him, and told him, and he went to her master's; I did not go with him.

Court. What way of life are you in? - My husband is a coachmaker.

Mr. Silvester. How far do you live from the fountain? - I live at No. 20, Plumbtree-street, one part of which comes into St. Giles's.

It is not many minutes walk, I believe? - No.

Did the girl complain that she could not come before to you? - Yes, she said her mistress would not let her come, but said she would send for me, but she did not.

She said, he was a man worth money, able to pay for this or any thing else? - Yes, and that it was a pity to hang him.

How came you not to take your niece home with you? - I thought it was better to my husband for her.

You thought your niece full as safe at Connolly's as with you? - I thought I could form run home for my husband.

You might walk it in a couple of minutes I believe? - Yes, in three minutes.

JAMES SKELTON sworn.

I am a coachmaker; I went to Mr. Connolly's house, and I asked Mrs. Connolly what strange thing has happened here concerning the girl, a very bad one, she said, indeed; I asked her where the girl was, she said she was in the kitchen; she let me into

the wash-house, and I saw her there; she was washing her dishes and crying; I said, Bet, what has happened, I insist on your telling me the rights of it; she said, I will; after the girl had told me what he had done to her, and the rights of it, I said, I will take him up; as I was coming through the parlour to the wash-house, there now, Mrs. Connolly says, now you see what you have done Betty; aye, says Mr. Connolly, now the man will be taken up and hanged; I said, I am determined to follow the law of him; and just as I was going away in came the prisoner at the bar, and I heard Mrs. Connolly say, Mr. Castello, you will be taken up to-morrow; he made a laugh at it; I went to Bow-street; I had no conversation with the prisoner at all.

Mr. Silvester. They had not told you then that this was a man of property? - Not then, the next morning.

Did you say any thing to the prisoner? - No, I thought he would have made his escape if I did.

But he did not make an escape? - No.

What time the next day was he taken up? - Two o'clock the next day.

ISABELLA JONES sworn.

Mr. Williams. I believe, Madam, you are Matron to the hospital at Pancras? - Yes, Sir.

During the time this poor girl lived under your care what was her general character? - She behaved very well during the time.

Mr. Silvester. What year was this? - Last year.

What servant was she? - Kitchen maid.

Did you hire her Madam? - Yes.

Did you give her a character? - No.

Court. What age did you look upon her to be when she was in your service? - I believe about sixteen.

PRISONER's DEFENCE.

My Lord, I have nothing to say; I am innocent of the charge; I leave my defence to the honour of the Court and to my Council.

FOR THE PRISONER.

MARY COX sworn.

Examined by Mr. Silvester.

You are the wife of Darby Cox ? - Yes.

He is a Taylor? - Yes, I lodge in the house of the prisoner at the bar, up one pair of stairs in the fore room.

Was you at home the 15th of January? - I was at home the 15th of January and all the week.

Can you hear from your apartment if there is any noise or any disturbance in the apartment of the prisoner? - I can.

Was there any noise, any crying out, any scuffling or any thing singular that evening? - None at all, had there been any noise whatever I must have heard it.

Who lives in the cellar? - One Mr. and Mrs. Soper.

What is the prisoner's character? - A very honest industrious man.

Cross-examined by Mr. Williams.

Where was your husband? - He was gone to a club; he gave a leg of mutton that night.

Is your husband a master taylor? - He is a journeyman.

You did not hear any noise, I think you say that night? - I did not hear any noise any night at all.

I dare say you are a very industrious woman; you do not sit with your hands before you; therefore it is possible, I should suppose, that any noise might happen below, and you being busy above, might not hear it? - I was very ill of a cold.

Where did it affect you? - I was bad all over.

Was it a cold in your head? - Yes.

Perhaps you was a little deaf? - No.

Was you in bed? - I was waiting for my husband.

Was you at supper? - No, I was sitting by the fire at that time.

Do you know what hour this was? - No farther than I heard, I went to bed at twelve o'clock; my husband did not come

How did you amuse yourself? - I generally have a book, I might be reading, I generally do read when I have nothing else to do.

You are a very good woman, I am sure, but it is possible this might happen and you not hear it? - He could not even laugh loud but I must hear him, the stairs are so low, and it is a thin partition, and if she had made any noise I could have heard it.

You live in the fore room, one pair of stairs, and this is the back parlour, how high is this room? - No higher than the common rooms, they are but new built houses.

But you was reading you say? - I was certainly the stiller for that.

Upon your oath, might not she have cried out or made a noise without your hearing? - No, Sir, I do swear, that nobody could scream out, or if they had even knocked against the wainscot, but I could have heard them, and I must have heard her, being so still as I was by myself.

Court. Supposing a woman had screamed out violently once only? - If any body was to make any noise at all, or to call Mr. Castello, I must hear it.

Was you in your room from nine till half after that evening? - I was.

And if any scream had happened of this kind, you must have known it? - I must.

Does your husband work for the prisoner? - No, he does not.

SARAH SOPER sworn.

Examined by Mr. Sylvester.

Your husband I understand is a shoemaker? - Yes.

He rents of the prisoner the cellar? - Yes.

You live there? - Yes.

Was you at home on the 15th of January? - Gentlemen, I am never out of my place from months end to months end, I was there; my husband was not well, and he went to bed.

Is your apartment directly under the shop and parlour of Castello's? - Directly under the shop, there is just a little wainscot between us.

Can you hear what passes in Castello's room above you? - If they speak loud, I can hear every thing, or even if he moves a chair, or the least thing in the world in comparison.

Do you recollect a young woman coming there with beer that night? - I recollect somebody coming, but whether it was a woman or a man I do not know.

What did you hear pass? - I heard a person say beer, then the door was shut, and I heard no more.

Could you have heard if there had been any noise? - Oh! Gentlemen, if any child had cried the least in the world I must have heard it, for our apartment is so low that a man can scarce stand upright in it; I heard somebody say beer, and I heard no more that night; I heard Mr. Connolly's man come and say is Betty here, and I heard Mr. Castello make answer and say what Betty; and he said did not she bring a pot of beer; and Castello said she had been gone half an hour; that was a good while afterwards.

Mr. Williams. How did you know it was Mr. Connolly's man? - By his voice, because he comes so often into the house.

How long have you lived at Mr. Castello's? - Three years.

Do you owe him any rent? - A quarter.

Is the place you live in just under his? - Just under the shop.

Then you know the house very well? - Yes.

There is a bed in the parlour, is not there? - Yes.

There he lays? - Yes.

You live under the shop and not under the parlour? - One apartment is so near the other, that we can hear.

You said there was hut just a little wainscot between you? - Our place is so low.

Court. What time do the salesmen in Monmouth-street shut up their shops? - About eight.

I am landlord of the Fountain in Monmouth-street; this young woman was a servant of mine; I remember her going with a pot of beer the 15th of January; when she came back I was in the cellar, and she came down stairs to me, and had a pint pot to the best of my memory in her hand, and I asked her, Betty, says I, where have you been; she said, at Mr. Castello's; says I, why do you stay so at Mr. Castello's when it is the hurry of our business; Sir, says she, you will not blame me when I tell you; says I, then tell me directly; then she told me that Mr. Castello had her by the hand and would not let her go; then I asked her, had he any thing further to do with you; and she said, no, indeed, Sir, nothing else.

You supped together that night? - Yes, Sir, all four of us.

How was she at supper? - She sat at supper, and was as merry that night as ever she had been since she was at my house, and my wife in a joking way said, Betty, says she, suppose we drink a good health to young Castello, if you have got one to night; no, indeed, Madam, says she, there was nothing of that kind; and the next morning she said never a word, nor until her aunt came at night; she had her breakfast along with us all the same, took no notice, nor no complaint of any kind how-somever.

How did she behave herself during the few days she was in your service? - Her aunt knows very well, the Sunday before I sent her out with a pint of beer and a pipe to a neighbour, and she staid away half an hour; some of it was spilt, and she was very much in liquor when she took up the pot; and on the Monday following she could not see one thing, nor we could not get her to do any thing.

Had you giving her warning? - Yes, I told the aunt she would not do for me, and her aunt said let her stay till she gets a service.

Mr. Williams. How came it into your head to ask her that other question,

"Had he any thing further to do with you?" - Because she staid a time, and I should not have wished that any thing should have happened.

Why did you think of that particularly? - It happened to come into my head.

First of all hear my question, and then give me an answer; what induced you particularly to ask her that question,

"Had he any thing further to do with you?" - Because she staid so long out of my sight, I did not know what might happen.

You may think it a very jocose thing to hurt a young girl, did you say, let us drink to young Castello? - I did it to find whether any thing had been done.

Is that the way of behaving to a young girl that you are afraid is injured? - That is the way I spoke.

Court. I thought it was your wife that spoke it? - My wife spoke it too.

Who is Castello? - The prisoner in the bar.

How far does he live off? - Not a great way.

How long has he been your customer? - As long as I have had the house, like another customer.

In what capacity was this girl? - A servant.

She was not hired to go out with porter? - To take out beer if required.

You take your oath of that? - Yes.

Who is William Barnet ? - He is a servant and soldier, he takes out beer or any thing else; we all take out beer.

What was the reason that this girl went this night particularly to Castello's? - Because we were all busy; Barnet was drawing beer at the same time.

Did you ever send her to Castello's house before? - I suppose she had been there, I hired her to do my business, and that is my business to serve my beer, or any thing else that is wanted.

Mr. Sylvester. What is the character of Mr. Castello? - He is a very honest young fellow, as ever was in the world, and that there is plenty in Court will say.

I am a servant to Mr. Connolly, I was examined before the Grand Jury for the prosecution.

You know that young woman? - Yes.

Do you know Grant? - Very well.

He is a seaman, is not he? - Yes.

Lodges in your master's house? - Yes.

Is he and Betty acquainted at all? - Yes, Sir, they were acquainted.

In what manner? - Why they were acquainted so far, that I used to go up stairs to fetch the candlesticks, and I went up stairs one night, and I catched him and she on the bed, and he atop of her.

Mr. Sylvester. I believe my Lord I need not call any more witnesses.

Court to Jury. It seems to me that this case, if it stood on the evidence of the prosecutrix herself, is not sufficiently proved; but I am not at all averse to summing up the evidence, if the Jury desire it.

Jury. We need not trouble your Lordship.

Court. Indeed Gentlemen, there is not the least foundation for this prosecution, for it is not supported by the evidence even of the woman herself: I have seen her deposition, which could not be given as evidence here, because nobody was here to prove it, but she gives a very different account of the transaction now to what she did then. This is a cooked up story, calculated to extort money from the prisoner, who is represented to be a man in circumstances of ability; for it is impossible that a woman, who as she now represents it herself, had opportunities of informing numbers of people of a transaction of this kind, should make no complaint either to her master or her mistress, or Barnet, or any of the customers, any of whom would have taken the part of an innocent woman; she was entirely a free agent in crossing the streets, and all that evening, and the next morning; and she had only three minutes walk to communicate the whole to her uncle and aunt: therefore in my apprehension there is not the least foundation for the prosecution; and when you consider the evidence of the lodgers in the house, in such a situation that they must have heard that cry, which she only mentions to have made once, although she might have made cries perpetually; she might have alarmed people that passed in the street, and certainly the people over head would have heard, but yet these people underneath and above heard no cry, but one of them heard her cry beer, and heard Barnet come after her, and when she heard the voice of her fellow servant, would not it have been natural to have called to him; if she had not consented, she certainly might have made it known: I think there is not the least foundation for this prosecution, nor could it be supported in point of law, for she has not given that testimony that I should think would be sufficient to make it appear that he had carnal knowledge of her body.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron PERRYN .

Reference Number: t17840225-20

283. JOHN HARRIS was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Lewis , about the hour of seven in the night, on the 23d of January last, and feloniously stealing therein, three metal girdle buckles, gilt with gold, value 10 s. one iron girdle buckle japanned, value 1 s. and one silver nutmeg grater, value 7 s. the property of the said Thomas Lewis .

THOMAS LEWIS sworn.

On the 23d of January I sat in my parlour, and I observed the prisoner at my shop window.

Court. What time? - Between six and seven, near seven I saw the prisoner go from the window, and return again in the space of a minute, I had a gentleman with me in the parlour, and I told him I must go to my trap, I had contrived a trap at my window, I had been robbed so frequently, and if he had introduced a hand, or a finger, or thumb, I should have caught them, and held them fast; I went into the shop behind some shutters that I had put to secrete myself, where I could observe every transaction at the window. I saw the prisoner extend his finger against the glass of his right hand, and with his left hand he was working his hand, and I heard the glass crack; as well as seeing his hand in this manner, I saw some of my goods go out of the window, without his hand being introduced, I then considered it was by an instrument; a gentleman at this instant knocked at the door, and informed me of him, I said I was obliged to him, but I should know the man if I saw him, I would go out and look for him.

Court. Had he drawn any thing out? - Three girdle buckles, a black girdle buckle, and a silver nutmeg grater.

Are you sure these things were in the window before? - Yes, I advertised in two papers for this gentleman to come forward, but he never appeared, I had my window mended on the Saturday morning, and on the Saturday evening I went out, and when I returned I found two or three of my neighbours and the prisoner in my parlour, I addressed him with, O you are an old acquaintance of mine, I saw saw you here last night, for he had on a double breasted coat, it was not a lappelled coat, and the button holes were so close to the buttons, that when they were buttoned, the buttons touched within a quarter of an inch, which is remarkable, and I described him so to my wife, and he went away and came again six or eight times before he had compleated his purpose; therefore I had an opportunity of seeing him, for I had at a high window four lights, which gave me a full view of him, so that it is impossible I should be mistaken.

Mr. Sylvester, Council for the Prosecution. Are you sure the prisoner is the man? - I am.

Court. Then the lights were in the window between you and him? - They were.

What part of the shop was you in? - At the end of the counter, facing that window he was at.

I should have supposed if the lights had been behind you, you could have seen into the street? - The lights were close to the window; they gave light that I could see him.

Had he a hat on at that time? - He had a slouched hat.

And a great coat? - Yes.

You never saw any thing more of that man on the Friday evening? - No, there is an instrument that he threw away.

JOHN COWARD sworn.

You live in Fleet-street? - Yes, I know Mr. Lewis's shop; on Saturday the 24th of January, as I was coming down Ludgate-street between the hour of six and seven in the evening; just before I came to Mr. Lewis's door, I perceived the prisoner at the bar at the bulk on the left-hand side, just by the door; and just as I came almost on a line with him, I both saw him break and heard the crack, which was made with something he had in his hand; he directly left the window, rather in haste, as though conscious somebody had seen him; he went down Stationers-alley, and then wheeled round; by this time Mr. Lewis's boy run out of the shop, and said that is the man that broke the window; I immediately went up to him, he made a slip as if he had fell, I laid hold of him, and the people began to gather round him; I saw him hurl something into the highway; I said he has thrown something into the highway, I wish you would try to find it; I took out a candle, and a boy picked up a knife, which I have in my pocket; Mrs. Lewis immediately sent away for Mr. Lewis; when Mr. Lewis came and saw him, he said you are the man that I saw here last night.

Mr. Sylvester. That knife you saw him hurl away? - I saw him hurl away something, there was no goods upon him.

Mr. Scott. You saw this man break a window as he went through the street.

Court. When you first observed him, was he standing or walking? - Standing, with his hand close against the glass; I perceived some motion against the glass and heard it crack.

Prisoner. Sir, I do not know what to say, there is my Council; I have people to call that I am innocent of what I am charged with.

Mr. Sylvester to Prisoner. You may call your witnesses if you like, but I caution you.

Mr. Scott to Prisoner. Would you have me call Mary Anderson .

Prisoner. Yes, and all of them.

The Prisoner's witnesses ordered to be examined apart.

MARY ANDERSON sworn.

I am a married woman; my husband is a copper-plate maker; I live at No. 7, Little Shire-lane, Temple-bar.

Mr. Scott. How long have you known John Harris ? - If you ask me that I must tell you the plain truth, that he is a relation, and I have known him from his childhood, he is my first cousin.

Do you recollect his being at your house on Friday the 23d of January? - Yes, and the reason I remember it is, that I sent a few lines to Mary Cam , who is one of the witnesses, on the Thursday evening at half past six, to come to my house the next day; she came there and met her husband at my house at twenty minutes past four; there had been a little dispute.

Court. And how do you remember the time that you wrote that letter? - It was half past six in the evening, before I wrote the letter the 22d, the day before.

Court. How do you know what day it was? - It was the 22d, I well know the day of the month, I dated my letter, Thursday, half past six in the evening, that is in the letter, which I believe she has in her pocket.

Do you recollect seeing the prisoner come to your house? - Yes, I sat down to tea exactly as St. Clement's chimes played five, and he came in as I was drinking my third dish of tea, it could not exceed half past five, and he never departed till five minutes before nine; I would speak the truth between God and the world.

Cross-examined by Mr. Sylvester.

You are very exact as to times and circumstances? - I am only positive to the clock, because St. Clement's always plays at nine and five; I sent this letter by the penny post, and should have dated it.

What penny post was it put in at? - At Blackmore-street.

That was put in then of the Thursday night? - Yes, at half past six.

You knew your Cousin Harris very well before? - Yes; he said he would not have any tea, he said he would have something better; they had half a pint of the best double distilled aniseed; I have a little child of ten years old that fetched it.

Did he eat a bit of toast with it? - No.

What had you with your tea? - Toast.

Who had the muffin? - Nobody.

Who had the bread and butter? - There was none cut.

Who was your company? - The company was Joseph Cam and Mary Cam ; Mr. Cam was to come at three, but he came at twenty minutes past four.

What o'clock did Mrs. Cam come? - As possible at ten in the morning.

Then she had been in your house all that time? - Yes; she is a mantua-maker, in St. James's-market, her husband is a Captain's cook.

Where does the prisoner live? - He did live at Walworth till this affair happened.

Where did he live on the day he drank tea with you? - He lived at Walworth, he rented a house there.

Did you use to visit him there? - I was there on the Sunday before.

Do you know any of his neighbours there? - No, I have seen his next door neighbour there.

Mr. Cam came at four? - Twenty minutes past four; he and his wife went away, and I went part of the way with them.

What did they quarrel about? - That is not a thing that concerns me between a man and his wife; you will excuse me, but I do not know, I went home with Mrs. Cam, that night to her mother's; she and her husband parted at the door.

What after they had made it up? - Yes.

What became of Mr. Cam after that, you do not know? - No.

MARY CAM sworn.

I am wife of Joseph Cam ; on the 23d of January, on a Friday, I went to the house of Mrs. Anderson to meet my husband, by his appointment and her's; I received the appointment by a penny post letter; I was informed I was to meet him; there had been some difference between me and my husband, and we had not been together since July last; I met my husband there; I saw John Harris there; I went there in the morning.

Mr. Scott. What time? - I cannot recollect.

Who was with Mrs. Anderson when you first went? - I do not recollect any body; my husband was the first person that came as near as I can remember, it was near upon four; the prisoner came, as near as I can remember, about half past five, but I am sure it was not more; he staid till about a quarter or twenty minutes of nine; I am positive to the time of his coming being very near half after five, because we went to tea at five, as St. Clement's chimes were going.

Did your husband drink tea? - Yes, but Harris did not.

Had they any other liquor? - Yes, anniseed.

This Gentleman will ask you presently whether you had muffin or bread and butter. - I believe we had toast, because Mrs. Anderson generally has.

What makes you recollect the day? - The Sunday following was my own child's birth day that I buried.

How came you to meet there? - Mrs. Anderson and me are very old acquaintance.

Who fixed on the spot? - I believe my husband or her; I received a penny post letter.

Have you that letter? - I have not.

That is a pity; have you looked for it? - No, I do not think I have the pockets on; the letter is of very little consequence; I have not it about me; but such a letter I really did receive; I live in St. James's Market.

Mr. Silvester. Mr. Harris did not drink any tea at all? - I do not recollect; when he came in I told him we were but drinking the third dish.

How many dishes do you generally drink? - That is just as it happens; some times I drink six or seven; I am fond of tea.

How came you to fix just on the number of three? - I am sure we had drank no more.

You had toast and bread and butter I understand? - I do not know that Harris eat any thing; Harris went away at a quar- before nine; I did not go away till after supper; I believe it might be turned of ten, but I cannot tell as to the time of my going away, what time it was.

Which way did you go home? - I went as I generally do, through Chandois-street and Tavistock-street, the way to St. James's-street; my husband saw me as far as the linen draper's in St. James's Market; I lodge at the corner of St. Alban's-street: he parted from me at the linen draper's.

Nobody else went with you? - Nobody else at all; I never saw Mr. Harris afterwards.

Then you are sure that nobody went with you? - Nobody but my husband.

You two went together arm in arm after making this quarrel up? - We went home together.

What became of your husband after that? - He went to his lodgings.

But it was made up? - No, I have seen him, but it is not made up, nor may be never may.

Who else was in company? - Nobody else was in company the whole evening that I remember.

Did not Mrs. Anderson walk home with you? - I do not remember that she did.

JOSEPH CAM sworn.

Mr. Scott. What are you by trade? - A cook.

Are you a married man? - Yes.

Do you live with your wife? - No.

There has been some difference? - There has.

Do you recollect being sent for at any time to the house of Mrs. Mary Anderson ? - I do.

For what purpose? - To see my wife.

Did you meet your wife? - I did.

When was that? - It was the 23d of January to the best of my knowledge.

Be so good as explain to the Court your reason for supposing it on the 23d of January? - Yes, Sir; on the 22d I went to the Bank and received some money, for which reason I appointed on the 23d to be at Mrs. Anderson's.

Court. What day of the week was it? - To the best of my knowledge it was Friday.

Why do you suppose it was Friday? - Because on the Thursday I went to the Bank.

Did you see your wife there? - I did; when I was at St. Margaret's Church, it was past four; I cannot say to the minute; I then went from thence to the Strand; I found I was beyond the time; I was to have been there at three; I called in the Strand; I did not stop as long as I have been here; I went immediately to Mrs. Anderson's, where I met my wife; I look upon it, it might be about a quarter after five; my wife was there first; I suppose I staid there four or five hours; I staid there till I do not know whether it was ten or eleven; there was Mrs. Anderson and a child, and there was the prisoner, he came in afterwards.

Did you and your wife walk together and Mrs. Anderson follow you, or did you all walk in one bunch? - I cannot say; I parted with my wife in Market-lane, close to the Market, and then my wife went home and Mrs. Anderson with her, and I saw Mrs. Anderson home after.

Mr. Silvester. You went with her and parted in Market-street; what became of you? - I staid there till Mrs. Anderson returned.

What! in the street; where did she go; how came you to part there? - Because it was not my desire to go any farther; my wife lived about a stone's throw off.

You did not chose to go that stone's throw then? - No.

Why the quarrel was made up? - I do not know that.

Did not you make up the quarrel between you and your wife? - I do not know that I did, I appointed to see my wife there upon some business.

Then it was not to make up the quarrel at all? - I did not come here upon that quarrel, nor upon the affairs of my wife.

What was the business you met there about? - To see my wife.

That was all? - Yes.

And that you call business? - I do call that business.

What did you go there for besides? - I do not choose to tell you what I went there for, nor neither shall I.

Then it was not to make up the quarrel at all; now, Mr. Cam, this going home, you do not know what time it was, whether ten or eleven, or half after eleven? - I have told you I did not know exactly the time I went away; I did not mention any time to my knowledge; I told you I did not know the time; I cannot recollect.

How long did you stay there? - I cannot say rightly.

Then you say you went home? - Yes, Mrs. Anderson walked as far as Market-lane with me and my wife, and she and my wife went away together.

Your wife said nobody went with you? - I cannot say that, I am speaking for myself.

What is Mrs. Anderson? - I cannot say rightly, something in the feather way.

Mr. Silvester. My Lord, I beg leave to call a person that lives next door to the prisoner at Walworth.

Mr. Scott. My Lord, they have kept their witnesses in Court and now they are going to call them, while our witnesses have been all out of Court.

ANN WELCH sworn.

Examined by Mr. Silvester on the part of the prosecution.

What are you? - I do not know what you mean.

Where do you live? - At Walworth.

Do you know the prisoner? - Yes, he lived the next house to me.

What business is he? - I do not know indeed.

Did you see him or hear him at any time in January last? - Several times.

When did you hear he was taken up? - On the Saturday, I heard him on the Friday night.

Do you know the hour? - I had been to Camberwell, and within five minutes walk of my own house, I heard some church clock strike five; I came home and pulled off my hat and cloak, and I went to tea; and while I was at tea I heard him go down stairs as I thought.

What passed? - I heard nothing that passed, I heard him go down stairs.

Court. What down his own stairs? - Yes.

Jury. You did not see him? - No.

Court. How do you know it was him if you did not see him? - I thought it was him.

I am servant to the last witness Mrs. Welch, who lives at Walworth; I know nothing of the prisoner; only I heard him go out one evening.

What evening? - I cannot recollect the day of the month, it was the Friday before the search warrant was Sunday.

What Sunday was that, do you recollect? - I cannot recollect the day of the month; it was in January sometime.

What did you hear or see? - I saw nothing, any farther than I thought I heard him come down stairs to the best of my knowledge.

Why do you suppose it was this man? - Only by the quickness of his steps, I have often heard him.

What time was it? - To the best of my knowledge it was a quarter after five o'clock, I cannot tell for a quarter of an hour, I heard nothing pass.

Court to Mrs. Welch. How came you here to day? - In a coach.

What did you come for? - I was subpoened here.

By whom? - By Mr. Lewis.

How came Mr. Lewis to know that you knew any thing of this man? - I cannot tell.

Court to Mr. Lewis. How came you to subpoena this woman? - I had a search warrant, on the Sunday in the morning, to search his house; Mrs. Welch came to me at the door, and asked me what was the matter, I told her; after that I called at Mrs. Welch's but did not see her, and I called again after the examination at Guildhall, on the Monday afternoon.

Court. At that examination at Guildhall, were these witnesses, Mary Cam and Mary Anderson called? - No; Harris gave an account of them at Guildhall, that they were to appear.

Court to Jury. Gentlemen, with respect to the crime of burglary, the Judges in construing the law respecting it, have extended the construction of it certainly very far, for they have held that it is not necessary for a person actually to go into the house, but that the putting into a house any part of their body, or even any thing which they hold in their hands by which the felony is committed, is sufficient to constitute an entering; that is certainly a very extensive construction, but it has been so decided for many years.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840225-21

284. JOHN SMITH was indicted for feloniously assaulting Francis Franco , Esq. on the King's highway, on the 12th day of February , and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one watch, with the inside and outside cases made of gold, value 20 l. two cornelian seals set in gold, value 4 l. one silk purse, value 6 d. and forty-one guineas, value 43 l. 1 s. and two half guineas, value 1 l. 1 s. his property .

FRANCIS FRANCO sworn.

I was robbed on the 12th of February, at two in the morning, in Harley-street , in a hackney coach, I was alone, the carriage stopped, the door was opened, and a pistol presented to me, and I was told to give my money.

Court. What words? - Deliver: I rather hesitated, upon which the prisoner swore he would shoot me, if I was not quick. I gave him my purse, containing forty one guineas and two half guineas; he then demanded my watch, which I gave him, it was gold, just on delivering the watch, I saw a watchman come round the corner of the street, and at the same time I heard him rattle, and in the mean time the prisoner ran off; I then jumped out of the coach, and the coachman getting off the box with the watchman, we pursued him, and he was taken by another watchman.

Did you see the man run? - Yes.

Did he turn out of your sight? - Yes.

What distance was he from you when he turned out of your sight? - I should suppose as far as from here to the door.

How long was it before he was taken? - I suppose in about two minutes there was a cry that he was taken; as soon as I came up I did not know at the instant whether he was the man or no, but I said you had better feel whether he has got any thing about him; the watchman put his hands in this way to his great coat, and found a watch in his great coat pocket.

Court. Was that your watch? - It was, on my saying it was mine, the prisoner then said, as you have got your watch you may as well have your purse, and took my purse out of his pocket himself and gave it me, it was my purse.

FRANCIS BULGER sworn.

I am a watchman; between one and two in the morning that this gentleman was robbed, I heard a coach stop in Harley-street, I immediately went out of the box, and in going up towards the coach I saw the coach door open; going up further, I saw a man come from the coach.

Should you know him? - I will know him when I see him; I called out murder at the first, and stop thief; then I sprung at him and pursued him; between the time of my following him and his being taken might be about five minutes.

Was the man that stopped the coach the prisoner? - He was, he was taken in about five minutes after; I hearing that he had got a pistol, I went and searched the round that he went, and found a pistol; he got a fall in his running, and it was about a couple of yards from where he fell.

- FRASER sworn.

I took the prisoner a few yards from Harley-street.

Did you see Mr. Franco? - Yes, he was standing by the coach.

Did you see any watch found in the man's coat pocket? - Yes, I was the person that found the watch in his body coat.

Was it a wide coat or a close coat pocket? - His close coat pocket the gentleman took it out, I felt it; the purse he had in his left-hand side pocket; he said halfpence; I believe he took and gave it Mr. Franco; I.

JOHN LANGFORD sworn.

I am another watchman, I had the first sight of him before Fraser met him, I was the next man to Fraser; I saw the watch taken out of his pocket by Mr. Franco, and Mr. Franco said you have got my purse then, I suppose; the man made no other answer, but put his hand into his left-hand pocket, and gave it him directly; he made no answer at all.

Prisoner. I should have spoke before if I knew I might; I am guilty of the robbery; great distress and necessity forced me to do it; I leave myself to the mercy of the Court and the prosecutor; I have no friends in town.

GUILTY Death .

He was humbly recommended to mercy by the Prosecutor and Jury.

Tried by the first Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17840225-22

285. JAMES BIXBY and JOHN EDWARDS were indicted for burglariously and feloniously breaking and entering the dwelling house of James Bradbury , at the hour of two in the night, on the 13th of February , and feloniously stealing therein, thirty pounds weight of beef, value 10 s. the property of the said James Bradbury .

The witnesses examined apart at the request of the prisoners.

JAMES BRADBURY sworn.

I am a butcher in Sharp-alley, Cow-cross ; I am a housekeeper; on the 13th of this month, when I had done work, we left the slaughter-house, and every thing was safe.

Court. Does your slaughter-house adjoin to your house? - Yes.

Is it under the same roof? - Yes. On the fourteenth, in the morning about

Court. Have you another door that communicates from the slaughter-house to your house? - There is a back door opens to the kitchen door.

Where these three sides in the slaughter-house the night preceding? - Yes.

What time did you shut up your slaughter-house? - Between eight and nine, then they were all whole; they took out three flanks, value ten shillings; the next morning I received information that the prisoners had taken the beef to one Slokum's house, who is here; his mother-in-law and he had a quarrel, and she discovered it: the bolt of the slaughter-house was wrenched and the padlock hasp, and all the doors were open; when we left them the bolt was fast on, and the hasp in good repair, but the next morning the hasp was strained all to pieces almost; we took Slokum directly, and he confessed who brought the beef to him, and we took up the prisoners, and Slokum fetched the beef. I saw the beef at Justice Blackborough's, it was delivered to me; the beef was particular, a piece of what we call the cod was cut to it.

Court. Do you know any thing of the prisoners taking the beef? - No, only by Slokum's confession.

CHRISTOPHER NEWCOME sworn.

I know nothing of the prisoners, only I was at this slaughter-house the night before, and I saw the place safe.

Court. Gentlemen, there is nothing to affect these prisoners but from the testimony of Slokum, and unless there had been some foundation laid, I cannot examine an accomplice.

JAMES BIXBY , JOHN EDWARDS ,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron PERRYN .

Reference Number: t17840225-23

286. JONAS ABRAHAMS was indicted for burglariously and feloniously breaking and entering the dwelling house of John Hill , about the hour of four in the night, on the 8th of February , and feloniously stealing six pewter dishes, value 6 s. twenty-four pewter plates, value 12 s. a copper porridge pot, value 2 s. a large copper tea kettle, value 8 s. two coffee pots, value 2 s. a drinking pot, value 2 s. a boiling copper, value 2 s. a linen shift, value 2 s. an apron, value 12 d. a linen jack towel, value 12 d. a knife cloth, value 3 d. and seven yards of black velveret, value 30 s. the property of the said John .

The Witnesses examined apart at the request of the Prisoner.

JOHN HILL sworn.

I keep the Green-man, Bethnal-green , my house was broke open on Sunday the 8th of February, the padlock of a coal hole was picked, but they could not get forward there, and they untiled the roof, and cut the pantile lath, and so got into the wash-house; they then forced a bar of the door into the kitchen; I found the house in this condition about seven the next morning; every thing was perfectly safe when I went to bed; I always see every thing safe before I go bed; I lost the things mentioned in the indictment; I undervalued them; the velveret and jack towel were in the little parlour, and all the other things were in the kitchen; I had seen the velveret in a glass case three or four days before, but the case was not locked; on the Thursday I went with a carpenter whose name is William Carter , to buy another copper, I saw one, and a woman asked me ten-pence a pound, I said I would give her half a crown earnest, it came to twelve shillings and sixpence, I paid for it, and afterwards found it to be my own copper, I told the woman I thought it was my copper, we got a search warrant to search the woman's house.

Court. Who did the woman say she had the copper of? - Of the prisoner; Mr. Daniels, the woman's husband, went with me and Wade the officer to the prisoner's house, who lived in Old Gravel-lane, and kept a house there; the prisoner said he had the copper of his brother, and he would give an account how he got it; his brother

lodges in Red Lion-street, Whitechapel, and the prisoner walked with us, his brother was at home at supper; we found two coppers there, and the officer took the brother into custody, and in the morning the prisoner was committed.

Court. You found nothing of your property at the brother's? - Nothing.

What was the reason the justice committed this prisoner? - I do not know.

You went and found a copper at Mrs. Daniel's, who is she? - She keeps an iron shop.

That copper you had put into the brickwork? - Yes.

Did you ever take the dimensions of the copper before you lost it? - No.

Nor the weight of it? - No.

So that any further than what somebody else has told you, you know nothing of it? - No.

You never took either the gauge of it, the diameter of it, or any other admeasurement? - Never.

As to this copper, whether it is your's or not, of your own knowledge you cannot tell? - I cannot, I will not swear to it.

That copper, however, such as it is, you found at Mr. Daniel's, and not at the prisoner's? - Yes.

JOHN DANIELS sworn.

I know no further than I bought a copper of the prisoner weighing fifteen pounds, which my wife sold to the prosecutor.

Mr. Garrow. Was you by when she sold it? - No, the prisoner said when he sold it it was not his property but his brother's, and he owned before the justice -

Mr. Garrow. Do not tell us that, Sir.

Court. Did you hear the prisoner say any thing? - No, his brother owned he delivered this copper to the prisoner.

Mr. Garrow. You bought a copper that weighed fifteen pounds of the prisoner, and what became of it, you do not know of your own knowledge? - No.

Court. Do you or do you not know that the prosecutor had that copper again?

Mr. Garrow. No, my Lord, he was not at home.

Court. Was you at home, Sir, when it was sold? - No, I was attending a Jury at Whitechapel.

MARY CLASSALL sworn.

I was servant to Mr. Hill at the time the house was broke open, I knew it was broke open, and I know that is our copper, that is all I know about it; I have seen it since it was brought back; I know nothing about the prisoner.

WILLIAM CARTER sworn.

I was at the buying of this copper of Mr. Daniels with the prosecutor.

EDMUND WADE sworn.

I apprehended the prisoner.

Court to Mary Classall . How can you be positive that this was your master's copper? - The very last time I used it, which was the Saturday night before it was stolen, I thought there had been a hole it, and that mark was in it when it came back, and by that I swear to it.

Mr. Garrow. Does your Lordship take the copper mentioned in this conversation to be sufficiently identified?

Court. This woman swears it is the same copper.

Court to Mary Classall . You saw the copper after it was brought back? - Yes.

Mr. Garrow. Daniels says he bought a copper of the prisoner, and his wife sold a copper to Mr. Hill, that copper which is so found in the possession of Mr. Daniels is proved to be the copper that was lost, but non constat, if it was the copper that Daniels bought of the prisoner at the bar, that is not so traced.

Court to Hill. Did you carry the copper from Daniels to the prisoner's house? - No, to my own house.

Did the prisoner say that was the copper he sold to Mr. Daniels? - I cannot say.

Court. Mrs. Daniels should have been here.

Court to John Daniels . Did you take any notice of the copper that you bought? - No, Sir.

Then you cannot swear that this was the copper you bought of the prisoner? - No, Sir, I cannot.

Jury. Had you any other copper? - No, Sir.

Did you buy one of Abrahams? - Yes.

Then of course that must be the copper.

Mr. Garrow. You keep an iron-shop? - Yes.

And a broker's shop? - Yes.

You was on a Jury in Whitechapel? - Yes.

Your wife conducts your business in your absence? - Yes.

Whether she in your absence bought a copper and sold it again, you cannot know? - No.

Court to Hill. When did you buy the copper of Mr. Daniels? - On Thursday as it was stolen on the Sunday Morning.

Court to Daniels. Had you any other copper? - We had coppers of different kinds but not of that kind, not a boiling copper; we had different kinds of coppers; I saw the copper there that evening.

Did you see it on Wednesday? - No.

Did you see it on Thursday? - No.

Have you any the least reason in the world to conceive or imagine that there was any other copper in the house between the time you bought it and Thursday morning? - I cannot say.

Court. Gentlemen of the Jury, we must not go on an uncertainty, they have left the material witness at home, the man's wife, who generally manages the business, and we must go by the rules of law and evidence.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17840225-24

287. ALEXANDER CULLUM was indicted for burglariously and feloniously breaking and entering the dwelling house of John Pearce , about the hour of nine in the night, on the 13th of February , and feloniously stealing therein two large Cheshire cheeses, weight sixty-five pounds, value 20 s. the property of the said John Pearce .

JOHN PEARCE sworn.

I live at No. 17, Old Compton-street, St. Ann's , on the 13th of February, I was sitting in the parlour writing, I shut the shop door myself, I had just before seen the prisoner lurking about my window, I noticed him, I watched him till he left my window; I then began writing again, I wrote about two lines, and I then took my head off from my writing to look towards the shop, and I saw the prisoner at the bar in my shop, and his face was turned towards the shop door, facing the street; he then went to my shelf and took a Cheshire cheese, I pursued him, and followed him till he was taken; I saw him take one cheese out of the shop, he was taken in the space of half a minute, or less than a minute; the cheese he threw down about twenty yards from my door, and it was picked up by one of my neighbours; I did not see him immediately throw it down, I saw him take it out of my shop; I did not look after that, I pursued the prisoner, he ran down Dean-street, and he turned round a coach, and I lost him the value of half a moment; I am clear he is the man, I had made a particular observation of him before he came into the shop.

Court. In what manner had you shut the door of the shop? - I went and shut the door fast, it was fast by a spring lock.

Are you sure you shut it? - Yes.

Is your shop part of your dwelling-house? - Yes.

PRISONER's DEFENCE.

I was coming along, and I heard a noise of stop thief! I run, and two people before me were running, I turned down, the people gathered together, and I was taken and brought to this bar; as for taking or stealing this cheese, or any thing thing else from

man, woman, or child, I never did, so help me God; I have no witnesses.

THOMAS PERRY sworn.

I was just going from my own house, about twenty minutes before nine, and I heard the cry of stop thief as I turned out of the passage, the prisoner was running, and another little man after him, the other man caught him, and I came and collared him; coming back I met Mr. Pearce; damn him, says he, this is he, this is he, bring him along, I searched him, we found nothing upon him.

Court. Had he the cheese at all when you saw him? - No.

JAMES BLAND sworn.

I am a heel and patten maker, I live in Compton-street, No. 19, I was coming by at the same time, and I picked up this cheese about twenty yards from the door where I imagine it was taken from; somebody spoke to him, and he said, I think, it was the first time he had ever been guilty of such a thing.

Court. Did they tell him he had better own this? - Yes, and he did not deny it.

Court. And upon that he said that was his first offence? - Yes.

Court. Gentlemen of the Jury, first, as to the hour of the night, it was long after it was dark; then, as to the fact of breaking the house, the door, Mr. Pearce says, was shut, and that he was looking particularly to it; if he had latched it, and the prisoner had opened it for the purpose of committing a felony, it is a burglary.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Justice BULLER.

He was was humbly recommended to mercy by the Prosecutor.

Reference Number: t17840225-25

288. WILLIAM HUBBARD was indicted for burglariously and feloniously breaking and entering the dwelling house of William Beresford , between the hour of five and six in the night of the 20th of January last, and feloniously stealing therein 14 yards and a quarter of printed velveret, value 3 l. the property of the said William .

The Witnesses examined apart at the request of the prisoner.

WILLIAM BERESFORD sworn.

I am a woollen-draper and man's-mercer , the corner of White-hart-yard, Drury-lane , No. 82, on the 20th of January last, very near six o'clock, it being then dark, the candles were lighted, I was in the parlour shaving myself, I heard a report against the shop window as if something had struck the glass, that alarmed me, and in about five minutes I heard the same report, the parlour door was open that fronts the shop, I went into the shop, I thought the shop was beset, and I took another candle and placed it in the shop, to deter any person from making an attempt; my servant returned soon after, in about five minutes, and I desired him to shut in the shop or else I should be robbed; there was no person in the shop, I found nothing amiss then; he began shutting the shop, and I went into the parlour to finish my shaving, I had not been there above a minute, before I heard a pane of glass break, and fall into the street, I immediately ran into the street, I saw a pane of glass was broke, and a piece of spotted velveret taken out, I immediately cried out Stop thief! and my servant took the prisoner, and put him into a house about four doors above mine, I went up and identified the velveret, and charged the constable with him.

JOHN BERESFORD sworn.

On the evening of the 20th of January, I was sent out, when I returned, my master desired me to shut the shop, in putting the last shutter but one, on the White-hart-yard side, I observed the prisoner and another man at the corner, he instantly left his companion and went to the place, I looked after him, and saw him break the window, and put in his hand, and take a piece of velveret, I pursued him, and took him with

the piece of velveret under his arm, he had the velveret when I took him.

Prisoner. In what manner did I break the window? - By a smoke of his hand.

Prosecutor. It appeared by the breaking of the glass if there was some instrument made use of.

PRISONER's DEFENCE.

I was walking through White-hart-yard, and going round the corner, somebody was shutting up the shop, I kicked against something, and picked up, and much such a thing as that, I took it up, and put it under my arm, that gentleman came and laid hold of me, and gave me a pull and threw the property from under my arm into the gutter; I said, I was willing to go with him, says I, I found this property just now, he took me, I never offered to make any resistance at all; I have no witnesses.

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17840225-26

289. CHARLES MANNING was indicted for feloniously assaulting Frances Knight , spinster , on the king's highway, on the 13th of January last, and putting her in fear and danger of her life, and feloniously taking from her person and against her will, one woollen cloak, value 3 s. one linen apron, value 2 s. one cotton bed-gown, value 1 s. one flannel bedgown, value 1 s. one cotton handkerchief, value 1 s. two linen clouts, value 1 s. and one linen nightcap, value 2 d. the property of Godfrey Hasleton .

The witnesses examined apart at the request of the Prisoner.

Court to Frances Knight . How old are you? - Turned of ten.

Do you know the nature of an oath? - I know this, that I ought to speak nothing but the truth.

Do you know what will happen to you if you should tell a lie? - If I tell a story I shall go to the naughty man, and if I tell the truth I shall go to Heaven.

And do you know that you will be liable to be punished here? - Yes.

FRANCES KNIGHT sworn.

Court. Now tell me the whole story and the truth? - I was going from Whitechapel to Poplar, on the 13th of January, about noon.

Were you carrying any thing? - A bundle.

Whose was it? - My mother's.

Do you know who the things in the bundle belonged to? - They were my daddy's property.

What was in the bundle, my little girl? - A Bath cloak, and two clouts, and a child's bed-gown, and a flannel bed-gown, and a night-cap, and a white lawn apron; they belonged to my father, the rest were my mother's.

Court. What is your father's name? - Godfrey Hasleton .

What happened to you? - Charles Manning said he would blow my brains out, my mother was with me, and stood a little distance from me, it was in Stepney Fields , going from Whitechapel to Poplar.

What had your mother stopped about? -

I was with my mother when he stopped us, and then he came up and threatened to blow my brains out, and I went a little way off.

Who came up to you? - Charles Manning .

Do you know him? - Yes.

See if you see him? - There he is.

Had you seen him before? - No, I saw him at the justice's.

Was any body else with him? - Yes, three more men.

What did he threaten to blow out your brains for? - Because I seared out.

What did you scream out for? - One of them snatched my bundle, and another of them went to pick my mother's pocket, upon which I screamed out twice, and then

Did any body take your bundle from you? - Yes, a tall man, not the prisoner.

Was it before or after the prisoner threatened you? - Before.

In what manner did the man snatch your bundle from you? - He went a little way before, and then turned back and snatched it out of my hand.

Court. Did he snatch it away in a violent manner? - Yes.

When this man threatened to blow your brains out, what happened after that? - I clapped my hands together, and said, pray, Sir, I will be a good girl, and not scream any more.

What became of him and the rest after that? - They then left me and my mother, and all four of them then went away to some other man, and took my bundle away with them.

Now are you quite sure that the prisoner was one of them? - Yes.

How long was it after you saw him at the justice's? - I believe a fortnight.

Now when you saw him at the justice's, who pointed him out to you, who shewed him to you? - I pointed at him myself.

What as soon as you saw him? - Yes.

Were there more people with him at the justices? - A great many more, but I believe nobody belonging to him.

And you picked him out from amongst them all? - Yes.

Do you think you should have known any of the other three men if you had seen them? - No, I cannot justly say that I should.

How came you to observe him particularly beyond the rest? - I looked at him more than I did at the rest, for the rest did not look at me.

Was not you very much frightened at the time of the robbery? - Yes.

Then could you in that state of affright observe the face of the man, so as to be sure that you could know him again? - Yes.

You think you could? - Yes.

Have you any doubt whether that is this man? - No. I am quite sure.

Prisoner. Was not you persuaded by the runners to pick out a man in a brown jacket? - No, Sir, the man had a brown jacket, with double breasted buttons on, when he stopped me.

Court. Did any body persuade you to pitch upon the prisoner as the man? - The justice desired me to look round and see if I could find the man that stopped me, and I looked round and saw the prisoner.

Did any body tell you to point at a man in a brown jacket? - No.

Had he the same clothes on that he had when he robbed you? - Yes.

Was it by his face or his clothes that you knew him? - By his face and his clothes too, but particularly by the brown jacket.

Prisoner. I do not dispute but she will say what she has, because it is an old grudge.

FRANCES HASELTON sworn.

I am mother to the little girl, I was with her, going from Whitechapel to Poplar, I had a young baby sucking at my breast, and four men passed in the road, they crossed just by the Infirmary, they outwalked me, and went across the field, and by the course of time, I imagined they went as far as Stepney, and in the last field they turned back and met me; I stopped across a muddy place, and turned round to see for my little girl, who was behind, and she screamed out, and said, mamma, that tall man has taken my bundle, I said, my dear, I cannot help it.

What happened after that? - The tall man said something to the other, and immediately the prisoner at the bar came to my left arm, and another short man came to my right arm; I turned and said, what do you want with me; the prisoner said, your money to be sure.

Did you see him do any thing more to the little girl? - My little girl screamed out, and the prisoner said, you little bitch, if you scream I will settle you, I will blow

your little bitch's brains out; I says to the prisoner I have but little money.

What became of them? - They bid us go about our business.

Are you sure the prisoner is one of the men? - I am punctual sure; I had some little knowledge of him before.

Where had you seen him before? - I had seen him about Tower-hill, by Iron Gate, and when he threatened my little girl I looked him steadfastly in the face.

Had you any acquaintance with him? - No, only knew him by sight.

You had seen him so as to know and observe him, from another man? - Yes.

You have no doubt but he is the man? - I am sure he is the man.

Were the things that were in the bundle ever found? - No.

What things were in the bundle? - A child's Bath cloak, one white apron of mine, one striped linen bedgown, one flannel bed-gown, two clouts, a child's night-cap, and a yard-wide handkerchief; they were tied in the handkerchief:

Prisoner. Did you not say when I was brought in, you believed it was me by the jacket? - No.

Court. How long after was the prisoner taken? - That day fortnight.

Was he taken up for this robbery, or on suspicion of something else? - I believe on suspicion of something else.

WILLIAM WHITEHEAD sworn.

I am an officer; I took the prisoner, I found nothing upon him, I know nothing of the robbery, nor does Mayne may brother officer.

PRISONER's DEFENCE.

I have witnesses at the door to shew where I was at that time; but I had affronted the people, and they would not attend at the justice's.

Court to Prosecutrix. What day of the month was it? - On Tuesday the 13th of January.

You are sure of that? - Yes, it was the second Tuesday in the month.

About what time of day, as nearly as you can fix? - Between eleven and twelve; the clock struck eleven when I went out.

Are you sure it was before twelve? - Before twelve.

Prisoner. She said it was twenty minutes after one before the justice.

Court. Call in the prisoner's witnesses singly.

ANN PEARCE sworn.

Court. What are you? - What am I?

Yes. - Why my husband is a waterman, and he maintains me.

Where do you live? - In St. Catherine's Lane.

What number? - No. 16, Chequer Court.

Are you a housekeeper, or do you lodge there? - A housekeeper.

Do you know the prisoner at the bar? - Yes.

What do you come here particularly to say with respect to him? - To speak in his behalf so far as this, that he was at my house the beginning of January, and was there every day for a good bit.

Did he lodge there then? - No.

What did he come there about? - He came to his wife.

Does his wife lodge at your house? - Yes, now she does, she did not at that time.

How came he to come there to his wife? - Because she used to come in the morning.

What did she come for? - To see me.

Prisoner. It is my wife's mother.

Court to Ann Pearce . Did your daughter use to come every morning? - Every morning, and stay all day long, and so she does now, without she goes out to work, but the weather was so cold then she could not go to work.

Down to what time did she come every morning? - She keeps there now.

But she goes out to work now? - Now and then a day she goes out crying old clothes; she came every day, he used to come generally between nine and ten, or sometimes at nine.

Where did they live? - readyfurnished lodging in Catherine-wheel Alley, Whitechapel.

Did he follow any employment at that time? - No, his employment should be a waterman , but at that time he was out of employment by the frost; he applied to his parish, St. John's, the other side of the water.

St. Catherine's Lane is in Wapping, is not it? - No, it is a precinct by itself.

It is between Wapping and Poplar, is not it? - No, between Wapping and Whitechapel.

Now how long did he use to come every day to your house? - He came till he was taken up.

And how long did he usually stay? - He used to stay from ten or eleven till seven or eight at night.

Do you mean to say that he used to stay so everyday? - Every day, excepting sometimes he used to go over to the overseer to get his two shillings.

Did he never go out all that time? - Never went out all that time.

How came he to confine himself? - I do not know, he did not choose to go out.

Did he never go out during that time? - He went generally at one o'clock to find Mr. Fogg at home, and then sometimes at six in the evening.

Did he ever go at any other time? - Never.

Do you mean to say positively that he never was out of your house all that time, but at one o'clock in the forenoon? - Never.

Did your daughter stay as close at home as he did? - Yes.

Both of them used to stay at home? - Yes.

How did he employ himself at home? - One time he wanted a pair of shoes, and he sat himself down to work, and made himself a pair of canvas shoes, he was three days in making them.

How did he use to employ himself? - Sir by the fire, and sometimes read a book.

Prisoner. I have the shoes on now.

ANN TRUTON sworn.

Court. Where do you live? - In Chequer Court, St. Catherine's Lane.

Is that near Mrs. Pearce's? - In Mrs. Pearce's house.

What do you know about this man? - I know that on the 13th day of January, I went to Mrs. Pearce's house between eleven and twelve, and I saw the prisoner at her house.

What time did you go there? - Between eleven and twelve.

Court. Let Mrs. Pearce go out of Court.

You went to Mrs. Pearce's house between eleven and twelve? - I called to see my mother.

Who is your mother? - Mrs. Pearce.

You are sister-in-law to the prisoner? - Yes.

Who did you see there? - My mother, and my mother's lodger, and the prisoner, and his wife; I went on an errand, and returned about twelve.

What lodger? - Alec. Fox his name is.

What were they doing at this time? - They were dressing their dinner.

Did you stay and dine with them? - I saw Charles Manning going to dine as I came away.

You did not stay and dine with them? - No, I came away as they were going to dine.

Did they sit down to dinner before you came away? - They were all sat down and going to dinner, but I came away and left them.

Was the dinner on the table? - Yes, two boiled small cold and tatoes.

Any thing else? - There were some stewed sprats on the table.

Those that sat down to dinner were your mother, and Mr. and Mrs. Manning, and the lodger Fox? - Yes.

she came in, she was going on an errand, she saw him cleaning the fish, says she, mother, what is Charles a doing; says I, he is cleaning two fish; she went away, and came again about one, as she was going home; he dined between twelve and one, but my husband and me dined between one and two.

Did he dine on the fish, or your husband and you? - He dined and his wife.

Did any body dine with him? - Nobody but him and his wife.

Had they any thing else for dinner but these two fish? - Nothing else.

Had they any thing else to eat with the fish? - I think a halfpenny-worth of potatoes, and a little melted butter.

Had they any thing else for dinner? - Nothing else.

Was that before your daughter Truton went away? - She came in and saw him a doing of them; she came in a second time and saw them at dinner.

Did not she sit down and eat a bit? - No, me and my husband dined afterwards, my lodger dined with us, he is a boarder, his name is Alexander Fox .

What had you for dinner? - My husband had a fancy to have some stewed sprats, in vinegar and allspice, and I got about sixpenny worth of them, and so stewed them up in vinegar; we never used to dine together.

Did you know when Manning was taken up? - Yes.

How long was it after this? - A little better than a week.

Recollect as near as you can the time he was taken up, and how long it was after? - I think it was a little better than a week.

Do you recollect the day? - I think it was on a Thursday.

Then it was the Thursday week after this? - Yes.

How soon did you know he was taken up? - Directly.

Did you know what for? - They first mentioned before the justice that he was stopped for cutting a man to pieces in Stepney Fields, and the man was ill, and in the hospital, and could not appear; in the afternoon this good woman appeared against him, and the child.

Was you present at the justice's? - Yes.

Did you hear the evidence? - No, I did not come in the afternoon.

When did your daughter Truton tell you any thing about this robbery? - I told her: I told her that Charles was taken up.

Did you tell her what day this robbery was committed upon? - No, it was her sister told her.

Was you present? - Yes, at my house.

When was that? - I cannot say, rightly, it is set down that it was the 13th day of January.

Court to Truton. How long was it after you left your place before you heard of the prisoner being taken up? - I came away the 25th, I cannot rightly tell, I heard of it before I left my place, a day or so.

ALEXANDER FOX sworn.

What do you know of this matter? - I lodge at the house of Mrs. Pearce, I know no further than that the prisoner was often in and out of the house before he was taken up.

Do you remember any particular day or time? - I cannot remember one particular time any more than another; he was very often out and in, and staid whole days there; sometimes he staid the whole day, and sometimes half the day; he went home about seven.

Did he come every day? - No.

How many days in the week might he come? - I cannot tell rightly.

Did he come two or three time a week? Yes.

What, as often as that? - Yes.

I mean from the beginning of January to the time he was taken up, did he come two or three times a week then? - Yes, he did, two or three times a week.

PRISONER's DEFENCE.

I had Mr. Fogg here yesterday, the churchwarden, that I was to have gone to work for when the frost was over, but he is gone out of town. On the 22d of January I had

had a few words, and I drank with one Mr. Whiteway; and one Mr. Marnes who is here asked me to drink; I said, you do not owe me so much good will, ever since you belonged to the rendezvous and I was pressed; I said I cannot stop, for ever since my last misfortune I never go to any house but my own, and I am obliged to be very particular; he knows he always takes me up on suspicion of any thing that is done on the water, and when I was going away Mr. Marnes said, I have a suspicion of you Charles; says I, why should you be always troubling of me; I said you will take away my life one of these days; this was on the Thursday, I was brought before a magistrate on the Friday, and committed till Monday; on the Monday morning, this gentlewoman that was here just now came to me, in a very ragged dress, and looked very hard at me, I took her to be something of a ballad singer; says I, good woman, is it you that is to swear against me; I do not know, says she, but what it is; I was ordered to pull my coat off, and go over to the justices, which I did; the woman said she believed it was me by my jacket. I hope you will not be affronted with me for detaining you so long; in the evening the woman was brought and a girl, the girl swore punctual to me.

Court to Whiteway. When was the prisoner taken up? - He came to me on the Thursday night, as he mentions, about ten o'clock, to give me information of a robbery that he was going to do that evening; that he was going to rob that house where his sister-in-law lives; his sister-in-law was to let him in, and he desired I would be somewhere near the house, that I might detect him in the matter, in order to bring him in as an evidence; upon this I took him to the public house, where our follow officers were, and I consulted on the matter, and I then thought it was better to lodge him in the house that night; I did so there was nothing done that night, but he was detained on suspicion of other robberies, and he was detained from that time.

Prisoner. My Lord, I can bring proof where I lodge, that since last September I never was out after eight o'clock at night, and I was on the parish, I had two shillings every other day from Mr. Fogg; once on a time I was tried here for piracy, but not for any thing on land, and was I given to any thing that way, I could get more gains on the water than I could on land.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

He was humbly recommended to mercy by the prosecutrix.

Prisoner. I beg, for Christ's sake, to speak one word; that is, we were all set down to dinner, and that young man, Fox, was not there every day, he only came in that day, I do not suppose he may remember; I am sure I am a dead man, for Mr. Marnes, who is one of the runners, had a warrant against me, and he said he never would serve that till he had the forty pounds; he sells many a poor fellow; and God bless you all.

Reference Number: t17840225-27

290. RICHARD M'DONAH was indicted for feloniously assaulting Robert Hesler , in a certain field and open place near the King's highway, on the 26th of January last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 40 s. one pair of silver shoe buckles, value 40 s. one pair of silver knee buckles, value 10 s. and three pieces of gold coin of this realm, called guineas, value 3 l. 3 s. the property of the said Robert .

The Witnesses examined apart at the request of the Prisoner.

ROBERT HESLER sworn.

On the 26th of January last, about half past four in the afternoon, I was going from Battersea to Kensington, across the fields, and between Brompton and Kensington , on the narrow foot path I met three

men, who stopped me, one of them was the prisoner at the bar, they stood looking through the hedge, the prisoner at the bar told me to stop and deliver, and pulled out a pistol and presented it to my breast, two more men came directly after he stopped me, and one of them pulled out another pistol, but I did not see his face, they robbed me of three guineas, a silver watch, a pair of silver shoe-buckles out of my shoes, and a pair of silver knee-buckles out of my breeches pocket, after this they went away directly, there were some people coming, they were with me about five minutes.

Did they offer you any ill treatment after they stopped you? - No.

What became of you after they left you? - I went down to Kensington to my master and told him, then I came home, I heard afterwards that the men were taken on the next night, I went on Tuesday morning, and gave an information of the robbery.

Are you sure this is the man? - I am very positive.

Were any of your things ever found? - No, the prisoner stood fronting me, I saw his face.

You had never seen him before? - No.

He was not with you above five minutes? - No.

Did he take any pains to conceal his face? - No.

Now from being that short time with you, and in the hurry and confusion of such a transaction, can you take upon yourself to swear positively that he is the man? - I can.

Did the Prisoner ever say any thing about it? - No.

The remainder of this Trial in the next Part, which will be published in a few Days.

Respectfully thanks the Gentlemen of the learned Professions, and others, for their flattering Partiality to his Compendious SYSTEM of SHORT-HAND, which is Taught, as usual, in FOUR LESSONS ONLY, at 10 s. 6 d. each.

Trials, Arguments, &c. taken with Precision and Care, and expeditiously transcribed, on reasonable Terms.

A new Impression of his Second Edition of Short-hand, Price 2 s. 6 d. to be had as above; also of BLADON, Paternoster-row, and CLARKE, Portugal-street.

In the press, and speedily will be published, Price only 2 s. 6 d. a Collection of CHARACTERS, Arbitrary and Symbolical, for the Benefit of SHORT-HAND WRITERS, and adapted to every System; with a comparative Table of Short-hand Alphabets, by E. HODGSON.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 25th of FEBRUARY, 1784, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of Richard M'Donah.

When did you first see him after? - On the Saturday following.

When you first saw him, was he pointed out to you? - No, he was with many others.

Prisoner. Did you pick me out from other people? - Yes.

WILLIAM BOWYER sworn.

I know nothing of the robbery, only I conduct one of the parties of the patrol belonging to Bow-street; there was a loaded pistol found upon the prisoner, and a little silver, and a pair of trowsers were found at his lodging, which the prosecutor described the prisoner to have on.

Was you at the Office when this man first saw him? - I was not.

JOHN CREEDLAND sworn.

I was at the apprehending the prisoner.

Was you at the Office when the prosecutor came there to look at him? - Yes.

What passed there; who shewed the prisoner to him? - I shewed the prisoner to him, Sir Sampson asked me whether that was the man that I took, and I said yes.

Aye, but when the prosecutor came, who shewed the prisoner to the prosecutor? - I cannot tell, I do not remember any person shewed him.

Where was he when the prosecutor first came in? - Standing at the bar.

Was any body else with him? - There were two more.

When he saw him at the bar, he saw him as a prisoner? - Yes, he was a prisoner then.

What did you take him up for? - We took him on suspicion; after the information, we went to see if we could find him, and we did so.

Prisoner. He first said I was the person, and shewed me to the prosecutor, and then he said he did not.

FRANCES JOHNSON sworn.

I have known the prisoner five or six weeks in his place, he used to come to my room to have some victuals, and when he came out of his place he came to be with me quite entirely; I know nothing of his ways of going on, his Master gave him a good character.

Bowyer. Sir Sampson thought proper to bind this woman over to prove that he used to wear these trowsers.

Court to Prosecutor. You took notice of the dress the man was in? - Yes, he had a pair of striped trowsers on when he stopped me.

Jury. Did you give in that as your description of the person that robbed you? - Yes.

Bowyer. The prosecutor gave information of his being in red striped trowsers.

PRISONER's DEFENCE.

All that I have to say in my own defence is, that I do not know my prosecutor; and this runner has threatened my prosecutor with the pillory if he will not swear against me, he told that young woman so.

Court to Johnson. Did the prosecutor tell you so? - No, indeed, he did not.

Court to Bowyer. Where did you first find these trowsers? - In the prisoner's lodgings, where this woman was, these trowsers were hanging on the head of the bed, and when the prosecutor came to the Office the second time, and related the circumstance of his having red striped trowsers on, and it then struck me that I saw something, which I took at that time to be a striped jacket, but when I went again, I saw they were trowsers; these are the trowsers.

The prisoner called one Witness, who gave him a good character.

GUILTY Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-28

291. The said RICHARD M'DONAH was again indicted for feloniously assaulting Charles Angier , in a certain field and open place, near the King's highway, on the 24th of January last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, two pieces of gold coin of this realm called guineas, value 2 l. 2 s. the monies of the said Charles .

CHARLES ANGIER sworn.

I was robbed in the foot path from Earl's Court to Kensington , about a quarter after four, I was going to my own house, on the foot path between two hedges; when I came up to the hedges, I saw two young men about a hundred yards from me, as soon as I entered into the lane, and they seemed as I thought to make water, which is a thing very common in these bye places, and therefore it gave me no suspicion; I immediately went on, and when I came up to these two young men, I saw one was tall, and had on a kind of an olive coloured coat and a pair of trowsers, which was the prisoner; the other was dressed in a light coloured coat, but much shorter; the prisoner came up to me, and desired me to deliver what I had about me quietly, the other young man that was by the side of me, immediately drew out a pistol, and held it by my side, and rather sideled; I immediately gave what I had out of my pocket, which were two guineas and some halfpence; the halfpence covered the guineas; he looked at his companion, and said this is a poor man, and seemed to be going to return it me; then the half-pence slipped off, and as soon as he saw the guinea, he said, Oh! here is a guinea, and they set off immediately; I went home, and went to Sir Sampson's that night and gave the information I have now given; on the Tuesday following some of Sir Sampson's men came for me to come to their Office on the Thursday; I went and I saw Mr. Bond, he desired some person there, the keeper of a prison, to desire me to go over to the White or Black Bear, I do not know which, to see all the prisoners; as soon as I went into the room I was shocked to see the prisoner among them, on account of the man's compassion, saying to his companion, this is a poor man, I really felt for him, for he seemed as if he had no desire of using me ill, if I had had no more money.

Court. You speak very fairly; are you sure of the person of the man? - I am certain of his person, it struck me with horror, I am sure I felt as much in seeing him as he could in seeing me; I hope, for the man's consideration to me and my family, the Court will have mercy on him; as he considered me as a poor man, and recommended me to the mercy of his companion, who had death in his hand; and I consider his as a conduct not very common; as soon as

as he saw the guinea, then they went away immediately and desired me not to follow them; I have enquired of the prisoner who he was, and where he came from; I have wrote to Ireland to know his character there, I have not had an answer,* I cannot say any thing at all in that matter.

* This Prosecutor, three days afterwards, informed the Court, he had received an answer from Ireland in favour of the Prisoner's character.

Court. You have shewn a great deal of humanity in your conduct.

Court to Bowyer. The other three witnesses can say no more than you on the former indictment? - No, my Lord.

Prisoner. I have nothing to say.

Court to Jury. Gentlemen of the Jury, this prosecution rests on the evidence of the prosecutor, and his feeling disposition leaves no room to doubt that he is satisfied the prisoner is the man; it is for you to judge whether, under the circumstances, he had sufficient certainty; if you think he had, the charge is proved against the prisoner.

GUILTY , Death .

Prosecutor. I hope the Court will recommend him to mercy, as he had mercy upon me.

Jury. From the circumstances of his behaviour, the Jury would wish to recommend him to mercy.

(See Part II. of this Session, No. 237, this Prisoner tried and capitally convicted with John Jacobs and Samuel Selshire .)

Reference Number: t17840225-29

292. THOMAS TURNER was indicted for burglariously and feloniously breaking and entering the dwelling house of Edward Whitemead , about the hour of eight in the night, on the 26th day of January last, and feloniously stealing therein, two pair of linen sheets, value 40 s. three linen table-cloths, value 15 s. one silk gown, value 10 s. one silk petticoat, value 5 s. one cotton gown, value 15 s. one cotton petticoat, value 15 s. one cotton counterpane, value 5 s. one linen frock and waistcoat, value 5 s. one pair of black plush breeches, value 2 s. four pair of cotton stockings, value 4 s. one cotton frock, value 6 d. one linen frock, value 6 d. twelve pieces of linen, value 6 d. and six pieces of gold coin of this realm, called guineas, value 6 l. 6 s. the property of the said Edward Whitemead .

SARAH WHITEMEAD sworn.

I live in Mill-hill Mews, in the parish of Marybone ; I am a married woman, the wife of Edward Whitemead , he is a coachman , we rent two rooms.

Court. Who lives in the rest of the house? - They are two rooms over coach-houses.

How do you get at them? - There is a stair-case out of three stables.

Is the stair-case open to the street? - No, my Lord, it goes down a different passage out of the Mews.

You have two rooms? - Yes.

Are there other rooms on the same floor? - No.

Are there any rooms over your's? - No.

Are there more stair-cases? - Only this stair-case.

What number of stables are there in the Mews? - I do not know.

There are several stables within the Mews? - Yes.

Are there not other rooms over the stables? - Yes, and other dwelling houses in the Mews.

What sort of a door have you at the top of the stair-case into your room? - A single door.

from being attacked by persons who are travelling at that end of the town? - Nothing, Sir, but my door of my apartment, which is at the top of the stairs.

Then from the Mews to the stairs there is no door? - There is a door, but no fastening, and any body that has a mind may open it.

Mr. Justice Gould. Is there a door at the bottom of the stairs next the yard - No.

Jury. There is a passage that goes into her apartments before the ascends the stairs.

Court. Then she goes out of the Mews into a passage, and out of that passage into her room? - Yes.

Mr. Justice Buller. You have only one door at the top of the stairs? - Two rooms, and two doors which go into different rooms.

Court. The stair-case is open, and when she gets to the top of the stairs there are two doors that go to two different rooms.

Mr. Garrow. My Lord, she has two outside doors to her house upon this evidence.

Mr. Justice Gould. They are separate habitations for herself and husband, as I conceive; that being the case, whether there is a communication from one room to the other; whether one room lays on the left-hand or the right-hand you have two doors to communicate, the one and the other are one mansion and the dwelling house.

Mr. Garrow. My Lords, this woman has two private doors to her two private rooms, either she has two outside doors to her two dwelling houses, or she has no outside door to her dwelling house; if there is any outward door to this dwelling house, in my poor comprehension, it must be that door to the passage, after that she ascends the stair-case to two private dwelling rooms; but I fancy your Lordship will not say to any dwelling house. It is situated in a Mews, for the purpose of gentlemen's coach-houses and stables; over such a building there is generally a hay-loft, which some gentlemen have converted into lodging rooms; but surely in a very penal case indeed, which affects the life of a prisoner, the Court will not go the length in a new case of saying that this is a dwelling house, in which a burglary has been committed; I have not yet asked the witness, but it will appear, that this is not rated as a dwelling house, that it is not treated as a dwelling house, but as it always has been, and always will be, as appurtenant to the coach-house; it would be described to be the building of the owner of the coach-house and stable. It may perhaps be considerable too to this indictment, whose dwelling house it is; for if these people, the prosecutor and his wife, are the coachman and the wife of the coachman to somebody that keeps their coach and horses there, I should then submit if it can be called a dwelling house at all; it is not the dwelling house of the prosecutor: but at present I submit with the greatest deference in the world to your Lordships, that this cannot be considered as a dwelling house.

Mr. Justice Gould. Does your husband rent the rooms? - I took the rooms.

Then you pay for them? - I pay for them.

They do not belong to any gentleman to whom your husband is coachman? - My husband is coachman to Lady Harvey; her coach and horses stand in the Mews.

Court. Who does your husband rent the rooms of? - Of Mrs. Baffetti, and she let them for an acquaintance.

What acquaintance? - I do not know his name.

Mr. Justice Gould. In respect to your observation of the door, suppose a person lives in my house with the street door open, and as to these two rooms, whether their not happening to communicate one with the other, otherwise than by a platform or the landing-place, may be considered as the mansion house: it is very clear this man and his wife inhabited there, and it communicates with no other lodgings or apartments. I remember a case tried in this Court, which was reserved for the opinion of the Judges; I tried it. The owner of a house let all the house in lodgings, distinctly and separate, if the owner lodges in any

one part of the house, it shall be called and determined his house, and though there may be ten inmates, you shall not call it the mansion house of the lodger, but the mansion house of the owner; but in that case, all the house was let out in apartments, and there was an open door; there was a shop, and a parlour within the shop, and a cellar underneath, were let out in one bargain, at a given sum of twelve pounds ten shillings; I have it in my memory; and the landlord the owner agreed with the lessee to have the cellar to place lumber in, and he abated him thirty shillings a year out of the rent for the use of the cellar: The objection was taken that the burglary was in one of the apartments so let out, laid to be the mansion-house of the lodger. I reserved the case for the opinion of the Judges, and they were of opinion, that as the owner did not at all inhabit there, though he had reserved this cellar for the sake of keeping furniture; yet he not occupying as an inhabitant any part of this house, that it was an exception out of the general rule. There are a number of instances in this town of apartments so let, and it might leave those apartments open to be robbed, without the robber being liable to be convicted of a burglary; and all the Judges were unanimously of opinion, it was a burglary. Now apply that reasoning to this case; this is the habitation and the domicile of the man and his wife, without any communication with any other inhabitants, and this door in the passage we will call the outward door to this domicile; then there are two inner doors if I may so say to this mansion house; whether it is a house, a habitation from the ground outwardly, or whether shops or warehouses are underneath, or, as in the present case, stables, does not alter the case at all in my opinion.

Mr. Baron Perryn. My opinion concurs with my brother Gould's.

Mr. Justice Buller. You do not know who your landlord is? - No. I had it of Mrs. Baffetti, but I know it was not her's.

Have you ever paid any rent? - I have not been in the lodging above three weeks.

What are you to pay? - I am to pay six pounds ten shillings a year.

Mr. Garrow. My Lord, she does not know her landlord.

Mr. Justice Buller. Was you acquainted with this place before you took these rooms? - No.

The door of the passage has never been kept locked since you went there? - No.

Is there any lock upon it? - I will not be sure, I never saw any lock upon it.

Is there any bolt upon it? - I do not know, I never examined the door.

Where does that passage go to? - It leads to my staircase.

Does it go any where else? - It leads down a little further to three stables.

Do the horses go through that passage to those stables? - Yes, down that passage.

Court. Were your rooms broke open at any time? - I left my lodgings between one and two in the day, a month last Monday.

How did you leave the door? - Locked.

Which door, you have two rooms? - Both doors were locked, I am positive of that; I returned about a quarter after nine in the evening, and found my left hand door open.

Was the door broke? - My key would lock and unlock it as well as it would when I went out, the-door was wide open, but the lock and staple were all right, there was no mark on this door, but on the other door there was the mark of a little chissel.

How was the bolt of the lock? - It was standing out, I found my chest of drawers open, and gowns and petticoats and linen of all sorts, table linen taken away, and two pair of sheets.

Court. What was the value of them? - The sheets ten shillings, I lost three table cloths, five gowns, and three petticoats.

What was the value of them? - I cannot positively tell the worth of them, they were all good gowns.

Speak within compass? - Ten shillings a piece, the petticoats five shillings, and there were six guineas in gold, which were pinned

Was the drawer locked? - Yes; I was in great distress when I saw the things were gone; and I afterwards found a pair of sheets, three shifts, a flannel coat, a pair of stockings, and six gowns.

Where were they found? - At the prisoner's lodgings.

Mr. Garrow. You was not present? - No.

How long has your husband been coachman to Lady Harvey? - A good many years.

How long have the horses stood at this Mews? - About five years.

You told my Lord you lodged at Mill-hill Mews? - Yes.

MARY MATTHEWS sworn.

I am servant to Mr. Barker, at the Red Lion, in Chandler's-street; I took the prisoner at the top of the one pair of stairs at Mr. Barker's on Tuesday night; I thought I heard somebody go up stairs; I know nothing of this robbery, I only took the prisoner.

Did you find any thing upon him? - No, he was not examined there.

MARY LAVER sworn.

I live at No. 14, New-street-hill, between Shoe and Fetter-lane.

What are you? - I am a married woman, my husband is a taylor, I know nothing at all of the robbery; the prisoner was a lodger of mine, they had been there a fortnight last Saturday; the wife took it.

How long before he came did his wife take it? - The day before.

Has he lived there during that time? - Yes.

What is it you come to speak to? - I am only subpoened about the things being found in the room.

What things were found in the room? - I do not know.

Mr. Garrow. This lodging was taken by a woman? - The wife of that man.

Do you know that? - No.

Court. Did you ever hear him say whether she was or was not his wife? - No.

Mr. Garrow. You say the woman paid you the rent? - Yes.

Court. Did he sleep there constantly? - Yes, till the night he was taken.

CHARLES JEALOUS sworn.

On the 18th of February, the prisoner was brought to Bow-street for another offence; Sir Sampson asked him where he lodged; he said he did not chuse to tell him; I saw a young woman which they said was his wife.

Mr. Garrow. Do not tell us what they said. - But I will tell you more, Sir, presently; I watched her home; I went up stairs with her immediately, the first things I saw in the room was the clothes the prisoner has on, and I found these picklock keys, and this saw, and a pistol.

Court. Were they under lock and key? - No, they were not; and I found this linen.

Was that locked up or open? - In a box, I have had it ever since.

Mr. Garrow, Now Jealous, this man being asked at Bow-street where he lived, did not chuse to tell you? - He did not chuse to tell Sir Sampson.

And you followed a woman to her lodgings? - The woman told me herself -

What at it again, Jealous; why now you know the Court will not suffer you to tell us what that woman said. You went to the room of this woman; what the woman either before or since has acknowledged is nothing to the purpose. - The prisoner acknowledged the things himself, and said he found them, it was before the prosecutrix, there she is, and I was by; that was at the Brown Bear, in Bow-street, on Monday last.

It is pretty singular you did not tell my Lord that before; you found some linen in a box, and you found a suit of clothes which you believe to be his clothes? - I am positive of it, he acknowledged the woman was his wife at Bow-street.

What did he say about it? - He said she was his wife, and he had been married to her a week.

Court to Prosecutrix. When had you seen the six guineas before? - About three days before, I had the key.

Had your husband any key? - No.

Was the drawer broke open? - Yes.

Are you sure you had that linen in your house the day the robbery was committed? Yes, I am positive it was in the drawers.

SAMUEL NAYLAND sworn.

I was at Bow-street, and was ordered by Sir Sampson Wright to go to the watch-house, to see if there was not something there, as the person who stopped him said he had a deal more money; I went up there, and there I found a dark lanthorn and an iron crow.

Court. How do you know he put them there? - I do not know, there was another man confined there.

Court. Have you any other reason to tell us they were his? - No.

Did you find any thing else besides these things? - No.

- ATKINS sworn.

I am a servant to Mr. Newport, I attend at the office in Bow-street, this man was brought to the Brown-bear, in the morning of the 28th by a constable, and some more people, he was very dirtily dressed, and I saw this watch hanging down, and I said to the constable, what have not you searched the man? I took him, and searched him, and found this watch, five guineas, and six shillings and sixpence; he behaved himself very indifferently before Sir Sampson, and Sir Sampson mentioned that he thought he had more money about him, and I searched him again, and found twelve guineas and an half in his stocking feet: I have delivered the prisoner four guineas of it, at least to the woman, the remainder I have.

Mr. Garrow. And so you came here to tell us, that this man finding himself in the hands of the mirmidons that attend at the Brown-bear, put his money into his shoes? - He was not in those hands then.

Prisoner. My Lord, I do not chuse to speak without having my property returned, I have a brother, and I got eighteen guineas of him to go into business, they took the remainder of my money and my watch.

The Prisoner called three Witnesses who gave him a good character.

Court to Jury. Gentlemen, this indictment charges the prisoner with burglary, and I need not tell you that to constitute that crime, it is necessary that the place broke open be a dwelling house, and also that it be broken in the night-time: if it rested merely on the question as to time, it seems to me that it is not so made out, that the offence whatever it may amount to in point of law, can constitute the crime of burglary; because this woman left her house between one and two o'clock at noon, and there is no account of these rooms till nine at night: then the next question will be, whether any offence has been proved to be committed in a dwelling house; as to the law upon this evidence whether this is or is not a dwelling house, I would on this occasion as well as in every other, very readily refer to my learned brother, who has stated his reasons for being of opinion that it is a dwelling house: there is one fact which perhaps will be material in this case, and that fact, if found one way, would so far dispose of the case, as not to leave it open to the question of law at all, and that is, as to the situation that she has described the passage to be in: but I shall leave it as a question for further consideration, taking it at this moment to be a dwelling house, and if it was so, though it is not a burglary, and though there might be some doubt as to the breaking; yet there is another offence, of which the prisoner may be guilty, which I must state to you more particularly; and that is, that though he did not break open these rooms, yet if he stole property to the amount of forty shillings, it is a capital offence; taking it

at this moment, as I said before, to be a dwelling house: therefore I will state the case to you now, considering it in that light only: there might be some question as to the breaking, because it appears by the prosecutrix's evidence, that when she came back the door was not at all hurt, the door was open, the lock was not hurt, the bolt of the lock was standing out, and yet the staple had not been at all forced; therefore if it was material, you might have questioned whether she had actually left both the doors safe, or whether she might not have turned the lock, and not let it go into the hasp: but here the material question is, whether you are satisfied the prisoner did take property to the amount of forty shillings out of these rooms: the prosecutrix swears very positively to the property, and that she is sure it was in her rooms, and that the six guineas were wrapped up in the stockings: now the six guineas put the value out of the question: then the next question is whether you are, or are not satisfied, that the prisoner was the person that committed it; that turns on the evidence of Mary Matthews , Mary Laver , and Charles Jealous ; the first says the prisoner did not take these lodgings, they were taken by a woman who has always paid the rent, but the prisoner came there backwards and forwards for his meals in the day, and lodged there at night; Mary Laver confirms this, and then Jealous says that the prisoner, when these things were produced, acknowledged them, and said he found them: if these things were acknowledged by the prisoner, it certainly does bring the possession home to him, and he has given no evidence how he got possession of them.

Jury to Jealous. What was it he acknowledged to be his? - The woman picked the things out before his face, and he immediately said, these things are my property, I found them.

NOT GUILTY, of breaking and entering in the night time, but if the Judges should be of opinion that the place where the Prosecutrix inhabited, was a dwelling house, then GUILTY, of stealing to the value sworn to out of the dwelling house, Death. And if the Judges should be if opinion it is not a dwelling house, then GUILTY of stealing, but not in the dwelling house [See summary of punishments] .

Tried by the first Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17840225-30

293. WILLIAM SMITH, otherwise BIRNHAM , was indicted for feloniously stealing, on the 25th of February last, one cloth coat, value 30 s. one cloth waistcoat, value 10 s. one pair of cloth breeches, value 10 s. one pair of stone knee buckles, value 10 s. the property of Robert Blake ; and one other cloth coat, value 20 s. one other cloth waistcoat, value 10 s. and one silk waistcoat, value 10 s. the property of Peter Blake , in the dwelling house of the said Robert Blake .

ROBERT BLAKE sworn.

I was out on Wednesday night last, the 25th of February, from about a quarter after six to a quarter after seven, and a messenger came to let me know I was robbed, and that they had taken the prisoner; then when I got into the house with much ado, as there was a mob of people, I found the prisoner in custody of two men; then M'Donald, a constable, and another man, happened to come in, and laid hold of the man; he searched the prisoner, and took out of his pocket three guineas and eleven shillings, and some halfpence.

HANNAH EDWARDS sworn.

Last Wednesday night, as I was serving a customer in our shop, my master is a baker , and he has no other person to look after the house when he is from home but me, I thought that the sixpence the woman was giving me was not a good one, and as I was disputing with her about the sixpence, I saw a man stand at the outward door of the street, and as my master had been robbed before, I suspected that very likely somebody was got into my master's room; I went into the little parlour, and fetched

the candle and the key of my master's room; which is always in the parlour; I went up to the room door, and just as I got up the door was open, and two men came out, of which the prisoner at the bar was one; this room was on the ground floor, the two men came close upon me, just as I got to the door; I said, gentlemen, pray what business have you in that room; and the prisoner said, in what room pray? I caught hold of the skirts of his coat and cried murder! he threw me down in the passage, I held him fast by the coat.

Did any assistance come to you? - Not directly; I held him fast till we got to the street door, and he cut me with something over my arm, but what he had in his hand I did not see.

Was it much cut? - It was not much cut, but it was very much bruised.

Court. It could not be with his hand? - My gown was cut through, and my arm bruised very much in several places besides, but I do not know that he struck me any more than once; I went to catch hold of his side, and he got from me; he went to give me another push, and I could not hold him any longer, and I ran out after him and cried out murder! and a man crossed the street and took him; I saw him stopped, he was never out of my sight; he carried nothing out with him; when I returned, there was a suit of clothes of my master's packed up in the prisoner's bag, and another suit put out of the chest ready to put up, they had been in the drawer of the bureau.

Was the drawer locked or open? - It was not locked, he left his hat behind him, he was without a hat when he was taken, and the hat was in the room when I returned back.

Mr. Chetwood, Prisoner's Council. Are not there some lodgers in your house? - Yes, the whole is let out to lodgers, but only five rooms, it is a very large house.

Were all your lodgers at home? - I do not know.

Was he acquainted with any of them? - I cannot say.

The lodgers come in and out when they please at all proper hours? - Yes, till twelve at night.

You saw nothing at all in his hand? - No.

You had a light in your other hand, had not you? - Yes.

If he had had a hanger, or any instrument of that sort, you must have seen it, I should think? - Yes.

You was certainly terrified? - Yes, I was.

Was you sure in the street it was the same person that was stopped? - Yes, and the other got off.

Court. Are you sure you saw him come out of your master's room? - Yes.

MOSES LAMBETH sworn.

I live at the Three Crowns, in Bridgman-street, and as I got out of my apartments, I heard a woman cry, murder! three times; I turned myself round, and saw the prisoner running up the street, somebody hallooed stop thief! I thought I would stop the first I should come at, and I stopped this man, he said do not stop me, I am running after the thief; says I, where is your hat; says he, a man run against me and hit it off; then a man came up to me, says he, damn your blood, what business have you with him, has he robbed you; says I, I will not release him; the woman drew back, and said for God's sake, do not let him come near me, that is the man that struck me and nobody else; I went in and took charge of the things; this parcel was not in the bag; but the other was in the bag; when I first took him into the room, says I, here is your hat; yes, says he, that is my hat; afterwards he said it was not his; the things have been in my possession ever since.

I was coming along when I heard the cry out; the man run out, right over me; I have witnesses.

The Prisoner called three witnesses who gave him a very good character.

GUILTY , Death .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17840225-31

294. JOHN BURNE , (aged 13) WILLIAM JOHNSON , (aged 13) and JOSEPH TOZO , (aged 14) were indicted for feloniously assaulting James Butler , on the King's highway, on the 14th of February last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one hat, value two shillings, his property .

The witnesses examined apart at the request of the Prisoners.

JAMES BUTLER sworn.

I am sixteen the 10th of next September; I am but small of my age.

Court. What have you to say against these three boys? - I live in Wells-street, Rosemary-lane; I had but just come out of my own door, on the 14th of February, between seven and eight in the evening; I was coming up Lemon-street , and these three lads were walking on, and I passed them, and they called out Jack, Tom. and Will. one said to another, come here, I want to speak to you; they overtook me, and Burne said, you buggar, your life or your money, he laid hold of my collar, and I had no money, and Tozo laid hold of my coat that was over my arm, which I was carrying to my uncle, and they made a snatch at it, but I held it so fast they did not get it: Johnson took away my hat, and put this hat on my head; I cried out murder! and they let go the coat and run away; Burn held up a candlestick, bottom upwards, to cut me down with.

Court. What are you? - I live in Wells-street, my father works at the chalk walk, he did serve seven years to the sea.

How long was it before these boy s were taken up? - I cried stop thief! and Burn was stopped; a fat lusty gentleman stopped him, I cannot tell his name; the other two got off; they were taken the next morning.

Did you know them before? - No.

Are you sure of them now? - Yes.

Who directed you what to do in this prosecution, my boy ? - Nobody.

Whose advice did you act under? - Nobody's.

What justice of the peace did you apply to? - Mr. Staples.

Which of his runners took these boys up? - Mr. Platt and Mr. Mathews.

Did not they tell you what you were to do, and what you were to say? - No, Sir, the same words I have told you now, I told Mr. Staples.

Court. Are there any depositions returned.

(The depositions banded up.)

Did you swear positively to the other two boys before the justice? - Yes.

Are you sure of that? - Yes.

Recollect yourself; did you say so at first at the justice's? - No, Sir, I said I believed they were the two boys.

Court. That is well recollected; then what makes you sure since? - I do not know.

Who has made you sure since? - Nobody.

How come you to be surer at this distance of time than you were a fortnight ago? - I am partly sure they are the two boys by their faces and their clothes.

Do you know the consequences if you swear falsly upon your oath? - Yes.

What is it? - I should suffer in this world, and in the next the torment of hell fire.

After these two boys were taken up, did you see them before they were examined at the justices? - Yes.

Did the officer tell you what reward there would be in convicting these boys? - No.

Do not you know now? - No.

Take care what you say; do not you know now what reward will be paid if these three boys are convicted? - I do not.

Do not you know there is a reward? - I know there is a reward, but I do not know what reward.

Who told you of it? - I heard of it by the people that lives in our house; Burn's mother said there would be money for them, and that was what I wanted to do them for, or else I did not know it; I heard Mr. Staples say, (it was read over in a paper while I was there) it was something about forty pounds; I do not know whether it was for my father being bound over or not.

Did not Mathews tell you so, nor Platt, nor Dorman? - No, Sir.

What did they say when they first came up to you, and first overtook you? - Burn said, you buggar, your life or your money, he laid hold of my collar with his right hand, and held up the candlestick with his left hand, bottom upwards.

You have recollected that; you did not mention that before? - No, Sir, I did not.

Have not you said, that if you did convict these boys, you would get some money by them? - No.

Did you never hear your mother say so? - Never.

Who pays the expences of this prosecution? - I have no money, nor my mother has no money.

Who pays the expences of this indictment; which of the officers paid for it? - Mr. Mathews paid for it? -

JOHN PLATT sworn.

I belong to Mr. Staples's Office; I know this, that the boy came in, and nominates as this, that he had been robbed of his hat; he came in to the Rotation about half after seven this day fortnight at night.

Did any body come in with him? - There was a lusty gentleman came in with him, and had hold of the prisoner Burn; says he, I am not a going to let you go, do not you think it; the boy went up and had a hearing, and when he came down, I spoke to one of the runners, says I, Charles, I know Bandy, that is Johnson.

How came you to know any thing of him? - Because he nominated in this, that Johnson was one of them.

What account did the prosecutor give of this? - He never said a word to me.

Then how did you know what the charge was? - By the hearing it read in the Rotation.

Who did you hear it from? - From Butler, in the outer box; I never went night him, he never said any thing at all to me.

Why are you so afraid that he should be supposed to have said any thing to you, when you was not asked it? - The meaning was as this, this Burn says, says he, I shall be admitted an evidence, says he, it is a boy in a black coat.

What account did the boy Butler give of the robbery when he first came in? - Only what I heard in the box, I heard him say as this here, that it was Burne, Tozo, and Johnson; and that Burne was the person that took and stopped him.

Upon your oath? - Yes.

Did he give an account what they did to him? - I did not see the affair.

I am not asking you that, you know I am not; I am asking you whether Butler gave an account of what they had done to him? - No further than nominating that it was them three that stopped him.

Did you tell him how he was to conduct this prosecution? - I never mentioned a word to him.

Who pays the expence of this prosecution? - Not me.

Do not you know who does? - We agreed to pay it between us, me, and Mathews, and Dorman.

How much are you to receive, if, upon your evidence, these three boys are convicted? - I do not suppose I have paid above three shillings in all.

Sir, do you mean that as an answer to my question; are you deaf? - No.

Then how dare you answer in that manner; I ask you, what are you to receive, if, upon your evidence, these three boys are convicted? - I do not desire one farthing, I do not know how much I am entitled to.

What are you? - I work at my business, I am a carpenter.

Have you never taken up any body for a highway robbery, or a footpad robbery? - Never in my life.

And do not you know what you are entitled to upon the conviction of the prisoners? - Indeed, rightly, I do not.

Rightly! Sir; upon your oath do not you know? - I have heard it is forty pounds, but not that I want it.

Then three forties is one hundred and twenty pounds, if these three boys are convicted.

JAMES MATHEWS sworn.

I am one of the beadles of Whitechapel, when we have prisoners locked up we are obliged to attend the justice; on the 15th of February, the Sunday morning, Mr. Platt brought in Johnson as a charge into the watch-house; I was not at the Office the evening before.

You was not? - No, I was not; Burne said there were Johnson, and he, and Tozo, in company together in Lemon-street; that they stopped the boy with a candlestick, and said, you bloody dog, your life or your money.

Did not Burne say he was to be admitted an evidence? - He never told me so; Mr. Platt told me that he was to be admitted an evidence.

Then I shall not hear what he said; do you know any thing more of it? - No.

Who pays the expence of this prosecution? - When we went to prefer the bill, I said to him, have you got the money to pay for the bill; Mr. Johnson said, you must pay for the bill, you will have it paid you again; I told him says I, it is hard for me to pay it if the boy is not here, but I must prefer a bill to save my own recognizance.

And how much are you to receive if these boys are convicted? - I do not do it for that, I am bound.

Did Mr. Johnson tell you that you was to pay for the indictment? - Yes, Sir, upon my oath.

I advise you to be careful in that, I do not want to entrap you? - He told me to pay it and I should be paid it again.

Upon your oath, Sir, did not you carry the indictment to him with the money? - He said two shillings, says I to the boy have you two shillings, he said, no, he had not got a farthing; then Mr. Johnson said, you pay it, and it will be returned to you again.

CHARLES DORMAN sworn.

I belong to Mr. Staples's Office, when the little boy came in, I did not take much notice of him, seeing a lusty man had hold of his arm, and he desired me to take charge of the middle prisoner, because he could not stay.

What did the prosecutor say in your hearing? - I cannot recollect; we go through a little place that is dark, and I thought I heard him say here is something dropped, or a candlestick dropped; I had then the boy in charge, it was this candlestick, he gave it to a man that draws beer at our house, and he gave it to me; I did not see it picked up.

What did Butler accuse the boys of? - Of robbing him, he said they had stopped him, and put the candlestick up to his head, and said your life or your money; then he told me that two of them ran under a gateway, and one ran over the way, and he said he thought it was best to pursue where there where two, and then he should have the chance of catching one.

Where was Platt then, was he by? - He might be in the tap-room for what I know.

Did the boy tell you the names of the boys that had stopped him? - Not to my knowledge he never told me, I knew it from Burne; after Burne was committed for further examination, he begged me to go up to the justice and get him admitted an evidence; Mr. Staples said, he did not think he could do it, because the prosecutor swore so positively to him; after he had had a hearing he told me their names.

Where is this lusty gentleman? - He went away directly.

Where does Burne live? - I do not know.

Where does Johnson live? - I do not know, I heard that Tozo was to be found in a public house in Salt-petre Bank, I went there at night to look for him, but I did not find him, I do not know where any of them live.

Who advised the boy to prosecute them? - I do not know that any body advised him, I have not.

Who paid for this prosecution? - I do not know, I have not paid any thing, nor I shall pay nothing at all to any body.

Have you agreed to pay any part of the expence? - No.

Then it is not true that Matthews, and Platt, and you, agreed to pay the expence between you? - I never told them I would pay any thing, when the bill was preferred I was not there.

PRISONER BURNE's DEFENCE.

I was running along very fast, with that candlestick from my aunt's to my mother's, and some man stopped me, I do not know him from Adam, he carried me to a Justice, I know the prosecutor, I have played with him many times, and know his father and mother to be very poor, and I know he does this for the money; his father and mother were obliged to pawn their things to find the indictment, these runners told him he would have the money for us, and they would maintain him; I know nothing of these other two boys; my mother keeps a chandler's shop in Bell-yard, Whitechapel.

Court to James Butler . Did you know Burne before this? - I never saw him before in my life to my knowledge.

- BOWEN sworn.

Court. Who brought this indictment to Mr. Johnson? - Matthews, he paid me for the indictment.

Matthews. I paid Mr. Johnson.

Bowen. I am very clear from my memory that this man absolutely paid me the money, and seemed very eager to have the indictment, and there was not a syllable mentioned by Mr. Johnson, I am well convinced, of its being allowed him again, not a jota at the time.

Matthews. I will prove my innocence in this; the instructions were brought I believe by Mr. Platt to Mr. Staples's office, and were given to Mr. Johnson to draw up the bill of indictment, when I went in, I asked if it was ready, and he went, and struck the thing that they cut it with, says I, I will give you a bit of lead: Mr. Johnson received the money, and asked the boy for the money, and the boy said, I have none.

Court to Bowen. Is that true? - I never heard any such conversation save as to the lad.

JOHN BURNE , WM. JOHNSON, JOSEPH TOZO ,

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-32

295. JOHN STEVENS was indicted for feloniously assaulting Elizabeth, the wife of John Frederick Hutchins , on the King's highway, on the 15th day of February , and putting her in fear and danger of her life, and feloniously taking from her person and against her will, one piece of silver coin of this realm called a half-crown, value 2 s. 6 d. seven copper halfpence, value 3 d 1/2 and one piece of silver coin of this realm called a shilling, value 1 s. and one linen handkerchief, value 6 d. the property of the said John Frederick .

I was robbed on Saturday night, the 15th of February, between nine and ten coming with a pot of beer from the Ben Johnson's-head , to a place called the World's End ; the prisoner at the bar met me, I was alone, he took the pot of beer out of my hand and set it down; he said nothing at that time; he then held a pistol in his righthand to me, and said, damn you, you bitch, stop! he put his hand in my pocket, and took out a red linen handkerchief, a half-crown, a shilling, and seven halfpence; that was exactly the money I had in my pocket, except five farthings, he went off directly, rather in haste to the Ben Johnson 's Head.

How long was he with you? - I suppose about two minutes, not longer.

Was it dark or moon-light? - A starlight night, and the snow laid thick on the ground; I went directly home, and told my husband I had been robbed, and he asked me who I thought it was, whether I should know the man again, I said it was that man that lives over the way, John Stevens ; I knew the prisoner before, and he knew me, but I fancy he did not know me then, as I was wrapped up for the tooth ach, or else I imagine he would not have robbed me.

Were you certain at that time that it was Stevens? - I am positive in it, knowing him before.

You had but an indifferent light to see him by? - It was a very light night, I was going to speak to him and call him by his name, but seeing the pistol frightened me, he was taken up on the Monday morning, my husband went to the office and gave information.

Mr. Sylvester, Prisoner's Council. How was you drest? - With a round-eared cap on, and a clout pinned over my head.

How far was it from the prisoner's own door? - About twenty or thirty yards.

You had the appearance of a person that lived in the neighbourhood, for you was without a hat or cloak, and a pot of beer in your hand? - Yes.

What hat had he on? - A round hat, I did not speak to him, he said to me, damn you, you bitch, stop!

Not give me your money? - No.

How long had you been with this thing over your face? - About a week.

Then your neighbours had seen your face wrapped up in that manner? - I do not know that he knew it, I had not seen him all the week.

Why you live opposite to one another? - Yes.

JOHN ORANGE sworn.

I apprehended the prisoner on the information of Mr. Hutchins; when I went to him in his mother's apartments opposite the prosecutor's, I said, Stevens, I want you, he said directly, I suppose it is about that woman last night, yes, says I, it is, says he, I heard something about it.

Mr. Sylvester. She had applied to the watch-house, and made it public? - I do not know.

He was at home at his own house? - Yes.

To Prosecutrix. You had given in the prisoner's name then? - My husband had.

Court. What is your husband? - A caulker .

What is the prisoner? - I do not know whether he is any trade or no.

How long have you lived there? - I came there at Michaelmas, I believe the prisoner lived there before, after I came to lodge there, I knew him by going to the house.

Was there no quarrel between you and the prisoner, or your husband and the prisoner? - No; I told my husband immediately that it was John Stevens , before he went to the watch-house; the watch-house is at the top of Mile-end Green, Mr. Sutherland and two more men came to me on the Sunday night, and asked me if I was sure of the prisoner.

RICHARD GLENTON sworn.

I am constable of the night, I remember the woman coming to me that night, it was a tall man, that I believe is a relation of

the prosecutor's, and two men, (sailors) with cutlasses, they described the person to be a tall thin man in a white coat.

Court. We cannot receive this evidence. - They wanted me to go search the house, whether Jack Stevens was at home, they said, if he was at home it must be him, they did not say enough to justify me to go to take up a man.

MARY JOHNSON sworn.

I am the prisoner's mother, married to a second husband, I live at the World's End, my son lives with me, he is in no calling .

Where was he on the Sunday night before he was taken up? - With me all day, he spent the evening with me till nine o'clock, then I have a little boy, a grand child and my daughter; we went to bed, and left him half undressed; if he had gone out, I could not be off hearing him, I left him in the room where he sleeps, I never shut my eyes till past eleven, and I heard my son in the room divers of times, he kept coughing continually.

MARIA STEVENS sworn.

I live with my mother, we went to bed just after the clock went nine, my brother had not been out that afternoon, not once.

Did you hear him after you went to bed? - Yes, till the watchman came ten and half past ten, there is not a window or door in the house, but makes such a noise, he could not go out without being heard.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-33

296. RICHARD STEVENS was indicted for burglariously and feloniously breaking and entering the dwelling house of James Gameson , about the hour of seven in the night, on the 23d of February last, with intent the goods and chattles of the said James, in the said dwelling house, burglariously to steal .

ELIZABETH GAMESON sworn.

I went out of my house on Monday afternoon last, about four o'clock, and double locked my parlour door, I left nobody at home, I shut to the street door, which has a spring lock, I am quite sure that the lock of that street door catched, for I heard it catch, there is no other door to the house but the front door, the sashes were all shut and fastened, I returned about seven o'clock in the evening, and met my husband taking the prisoner to Whitechapel.

Mr. Keys, Prisoner's Council. You went out about four? - Yes.

Have you any lodgers? - Yes, they went with me.

How many lodgers have you? - Only one family.

Did all that family go with you? - Yes, all but the lodger's husband.

Where was he? - He was out.

How do you know that? - I am sure of it, he is an excise-man, and goes upon duty at certain hours.

Court. What room does your lodgers lodge in? - Up one pair of stairs.

Were you up in that room shortly before you went out? - Yes.

Was he there? - No.

Mr. Keys. You did not push against the door to know whether it was locked? - No, I heard it latch.

That is you heard a noise? - I know the noise of the staple of the door.

It might be the staple striking against the door? - By frequently shutting the door, I can tell partly when the lock catches.

Do you often pull that door after you? - Very often.

Sometimes you have been mistaken? - No, Sir, never to my knowledge.

Have the lodgers of the house a key to the street door? - Yes.

JAMES GAMESON sworn.

I went out after dinner to my duty, about a quarter before one o'clock, I left my wife at home, I returned at six, when I came home I knocked at the door, and

waited sometime, I knocked again very hard, nobody answered me, then I went to the window, I knocked several times, then I went over the way to the public house, and had a pint of beer, and I smoaked a pipe, in about a quarter of an hour, a little before seven, I saw a light in the house through the glass that is over the door, I went over, and as soon as I knocked at the door, out rushed two men, I heard them open the door, I thought it was my wife, as soon as it was opened, out comes a man in a light coloured coat, and he said come along Jem; I was stagnated, and I looked at him, and said, you rascal, what do you want there; he made no answer, but immediately run away, I turned my head round, and saw another man coming out, and I catched at him, and catched hold of this bag, which he let go, and he run away, I called out, thieves! thieves! when I turned my head again, the other man was in dark coloured clothes, which I could not distinctly see; I pursued, I lost him, and some of my neighbours had picked up an iron crow by the time I returned, and they had taken the prisoner; one Robinson took him, who is here.

THOMAS ROBINSON sworn.

I was coming down Chamber's-street, and just as I got to Mr. Gameson's door, I heard him cry out several times, thieves! thieves! the prisoner came out of the door, and I followed him, and a man stopped him, and he fell down.

Did you see the prisoner come out of the door? - Yes, I did, another person came out with this man, and Mr. Gameson run after him, it was all in a moment's time, I followed this man, he was never out of my sight.

Mr. Keys. When Mr. Gameson called out thieves you was walking along? - I was just going to cross, the first thing I saw was the prosecutor at the door, I did not take any notice at all; next I saw a man come out in a light coat, and the other came out in a half a minute's time.

Prisoner. I have nothing to say, my witnesses are gone.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-34

297. MICHAEL PATERSON was indicted for feloniously assaulting Thomas Claridge on the King's highway, on the 10th of January last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one half guinea, value 10 s. 6 d. and 6 d. in money, his property .

THOMAS CLARRIDGE sworn.

Examined by Mr. Peat, Council for the Prosecution.

On Thursday the 13th of January last, I was robbed in Holywell-street , about twelve, I had another person with me; I met with a woman that had slipped; I stopped her from falling; I went to see her home to New Court, where she lives; stopping there, there came up three fellows and used a great deal of abusive language to the woman; she said to me, Sir, I wish you a good night, I am obliged to you; I said, I will see you to your own door; I saw her in; when I came out of the court again, two fellows out of the three seized me by the collar, they caught fast hold of me, and said, damn your eyes, you will pay for this; I said, you fools, do you think I do not know you; the one says to the other, Mich. hold him fast, if he stirs a step, or speaks another word, cut his bloody liver out; then the prisoner said, your money; I gave him half a guinea and sixpence, they pulled me about very much.

Court. Did they demand the money of you before you parted with it? - Yes; as soon as I gave them the money, they let go my collar and bid me go to the bottom of the court, which they said was my way out; now that was no way out, and they told me if I came up to the top of the court, they would cut my bloody head off, and another said he would murder me.

Court. Was the prisoner one of those that made use of these expressions? - Yes; there was no way out at the bottom of the court, and I came out to the top again; I did not see them at all; I went down Holywell-lane; I live in New Nicol-street, Shadwell; going down Holywell-lane, the two fellows were under King John's Court, the other was opposite the way; they strove to catch me again, they did not catch me; after I had got past them, I knew one of them that went by the nick-name of Guinea-pig, that was the prisoner; I said Guinea-pig, you shall pay for this to-morrow; I have known the prisoner this two years, he lodged next door to me part of the time; they then threw brick-bats at me as hard as they could, and I called watch! but none came; then I went home, and I saw no more of them that night; but the next day, abut two o'clock, I apprehended the prisoner; I then sent a man to see for an officer, and he brought Mr. Wade; after he was at Mr. Wilmot's, he told me, if in case he was guilty of a fault the night before, he hoped I would forgive him; then he said, consider my wife and child.

Court. Had you made use of any promises to induce the man? - I never said a word to the man.

Did you threaten him? - No.

PRISONER's DEFENCE.

When I was locked up at Mr. Wilmot's, the prosecutor sent two men to me, and they gave me three or four pints of purl, and asked me after if I would have any gin, I said I had enough; then says one of them, are not you a foolish fellow to go to rob a man that knows you, and he said to me tell the truth, I am a particular acquaintance of the prosecutor's, and I will persuade him to make it up.

Court. The prosecutor says you said at Wilmot's, that if you was guilty of a fault the night before, you hoped he would forgive you, and consider your wife and child?

Prisoner. He has made that out of his own head.

JOHN WILKES sworn.

I was at the Duke of Northumberland's arms, next door to Justice Wilmot's, on Saturday the 17th of January, about two in the afternoon; I went in and asked what was the matter, some of the people in the house said, a young man is going to be examined for robbing Mr. Clarridge; I went down to see him; I said to him, if I was a dying man, says I, young man, you have been guilty of a very bad action, are you the man that robbed Mr. Clarridge? he said, yes.

Court. Had you given him any liquor before this? - My Lord, as I am here alive, I never gave him a drop of liquor in the days of my life.

Was he sober? - Yes; I said I am acquainted with Mr. Clarridge, he is a very civil man; says he, do you know him; I said, yes; he said, then for God's sake, and cried very much, speak to him to make the matter up; I told him, I would let Mr. Clarridge know what he said; says he, my mother is over the way, who will make up the eleven shillings; he said, I had the sixpence, but I never had the half guinea.

Had you made him any promise before this, to shew him any favour that he should not be prosecuted? - None in the world.

Had you told him it would be better for him? - No, I never gave him any liquor, nor saw any go to him; I told Mr. Clarridge, and he told Justice Wilmot that he had spoke to somebody concerning the matter, who was at the Court, or near it, and he said it was Mr. Wilkes the broker; I waited upon him, and I told him as I have related now; then he bound me over as an evidence; as for drinking with him, or ever seeing him drink, I never did all the days of my life.

Court. Do you positively take upon you, Sir, to say that this prisoner had not any liquor in your company? - Yes, I had given him none.

How came you to accost him at the outset, with saying, you have done a very bad thing? - Because I knew the prosecutor.

Prisoner. That man came out three or four times to me, and you know you said I had better tell the truth, and you would make it up for me, without going to gaol at all; says you, you know very well you had sixpence, tell the truth, and another man that was along with you at the same time, kept bringing me out a pint of purl, and had brought me purl, and wanted to force me to drink.

Court. Did such a conversation pass? - Not the least in the world, if I was a dying man.

Court. It seems very unnatural that the prisoner, who knew nothing at all of you, should expose himself; what reason was there for your informing the prisoner that you was an acquaintance of Mr. Clarridge's? - I never said I would make it up for him, I said I would tell Mr. Clarridge.

ELIZABETH WEBLEY sworn.

Examined by Mrs. Peat.

Where do you live? - In New Court, Holywell-lane, Mr. Clarridge saw me home on the 13th of February last, to the end of the court, near twelve at night; at the end of the court three men came up, and gave me a deal of ill language; one of the men went up the passage with a pretence to call some name, but what name I cannot tell; I wished the gentleman a good night, and thanked him for his civility; he saw me in doors, and I heard no more.

Prisoner. I am really innocent, he takes false oaths, I was in bed at the same time, about eleven that night.

Court to Prisoner. Have you any witnesses to prove you was in bed at that hour?

Prisoner. No other than my wife, we live in a little apartment by ourselves.

Have you any witnesses to your character? - Yes.

SARAH SIMKINS sworn.

I make childrens pumps; I have known the prisoner upwards of six years, I know him to work hard for his living, and know no otherwise.

EDMUND WADE sworn.

I am an officer of justice, I have known him ten years, he goes about the streets with greens ; I never knew nor heard any harm of him before.

Jury to Mrs. Webley. Have you any knowledge of the prisoner being one of the persons that insulted you? - I do not know any one of them.

Did you know any thing of the prisoner before this time? - No.

Was there a person like him that was one of the three? - I do not know.

Court. It seems to me very extraordinary that they should make that second attack on him, after they had taken his property.

Jury to Clarridge. What business are you? - I am a shoemaker, I had been into the Borough with some shoes.

Was it a light night, or dark? - Rather light than dark.

Was there any lamps any way near? - Not far off, I could see the men perfectly well.

Jury. With which hand did he collar you? - I cannot be perfect.

Why he has but one hand? - He was on the right-hand side.

Prisoner. I am lame of one side.

Jury. There was time enough to call the watchman.

Court to Clarridge. It seems to me to be pretty extraordinary, that you should, under such circumstances, discover that you knew any one of them; why, you might have been murdered? - I was left for dead about two years ago; I did not think they meant to meddle with me.

I am servant to Mr. Jones, his house is in Old-street; I remember this box being packed up, containing the things mentioned in the indictment; the chest was locked, I have one key, and the laundry maid has another; I saw all these things put into the chest; it is a large square box.

WILLIAM SHORTLING sworn.

I am servant to Mr. Jones, I drove his waggon the 9th of February, I took the chest of the servant, tied fast with a rope, and put it into the waggon, and set off to Moulsey; going over Blackfriars-bridge, a man asked me if I had not lost something; I looked at the waggon, and the box was gone; then we went back, this man and me.

Court. Is that man here? - I do not know, I do not know his name; we went back together to see after this box, but did not find it; then I went to look at the waggon again, and the rope was cut in two parts.

Mr. Garrow, Council for the Prisoner. This was a very large trunk? - Yes.

You never saw it since? - No.

Mr. Sylvester, Council for the Prosecution. Could one man carry it? - No.

What o'clock was it? - Between eight and nine in the evening.

Mr. Garrow. Then it was pretty dark, was not it? - Yes, and it snowed very fast.

The remainder of this Trial in the next Part, which will be published in a few Days.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 25th of FEBRUARY, 1784, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, And published by Authority.

NUMBER III. PART VI.

LONDON:

Printed for E. HODGS ON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of John Penny .

- PEARCE sworn.

I went with a search warrant to search this man's house on the 10th of February, between seven and eight that night, he lives in Long's-buildings, White-cross-street; when I came there, we got entrance into the house, and the prisoner and his wife were at supper; we told them our business, their apartment consists of one room, parted off for a bed-place; we found several things in the bed room, which were handed out to the high constable, from the officer who was in the bed room; I prevented the prisoner from going out; a child's frock was found, and the prisoner said, do not take that, that is my child's frock, but it was taken and tied up in a handkerchief, and has been in the possession of Mr. Boddington the high constable ever since; we took the prisoner and the things to Mr. Jones's house, and the first thing that caught his eye was this very frock; Mr. Jones owned it, and Mrs. Jones, and the housekeeper; we took the prisoner to New Prison.

Mr. Garrow. Where do you live? - Windmill-hill Moorfields.

That is not in the neighbourhood of Rosemary-lane? - No.

Is it not that what is called Rag-fair? - Yes.

What do people do there? - Buy and sell all kinds of wearing apparel.

You saw the wife of this man? - Yes, she was very big with child, and compassion led us not to take her on that score.

- BODDINGTON sworn.

I am high constable of Finsbury division, I went with this search warrant to the prisoner's house; this is the property I found in the house where Penny was, it has been in my possession ever since; here is a child's frock, a shirt, a petticoat, and pockets, that were all sworn to the next day, on examination at the Rotation Office.

Mr. Garrow. I suppose the apartments consisted of one room, with the bed parted off? - Yes.

Did you find any thing concealed in cupboards and closets? - No.

Did you find any trunk there? - No large trunk.

In the course of your office as high constable, perhaps you sometimes visit Rag-fair? - No, Sir, I do not belong to that division.

JENKIN JONES, Esq; sworn.

I have a town house in Old-street, and I have a country house at Moulsey; this chest I understood contained a great quantity of wearing apparel.

To what amount? - If new, I suppose seventy or eighty pounds, as it is in wear, I suppose about forty pounds; I selected this particularly from a great deal of other, it was confirmed by my wife and servant, the shirt I know by a singular circumstance, it had a particular mark, which being discoloured, I desired the high-constable to get it washed out.

Mr. Garrow. You could not then identify it by an initial of a name only that mark? - No.

The Jury cannot judge of that mark, because it is washed out: of course gentlemen of your figure have vast quantities of linen for yourself, and the rest of your family, which, when they are worn, pass into the hands of servants? - Clearly so.

As to the frock you cannot identify it particularly? - Not particularly.

Mr. Sylvester. When had you seen that shirt before, Sir? - I must have worn it in the course of that week, either on the Thursday or the Friday, from that very circumstance of that mark.

Look at that shirt and these things? -

There was an J. and a figure of twelve upon it, there is the J. to be seen, the twelve is out.

MARY WAKEFIELD sworn.

I know the pockets to be Mrs. Jones's, there is an oilet hole to tye them by, and this petticoat has loops to tye it to the child's stays, and this frock is a very particular made one, it is gathered at the top, and the body is loose and ties on.

Jury. But several jams are made in the same manner? - Yes, but they are generally open at top, I am sure they are Mrs. Jones's.

Mr. Sylvester. Have you the least doubt? - No.

Mr. Garrow. Are the oilet holes in the pocket and the loops of the petticoat so particular that you can swear to them? - To the best of my knowledge I believe them to be my work, and her property.

As to the loops on the petticoat, I fancy there is nothing so common? - Most people few them to stays.

Yes, but many people wear loops besides Mrs. Jones's family, as to the jam I shall trust that observation to the Jury; can you venture to say that these identical things were put up in the trunk? - Yes.

Why, there are in the family duplicates without number of all their things? - I make one list and send with the clothes, and keep another by me.

So I thought, then you swear by your list, but whether these identical things or others of Mrs. Jones's, were in the box, you do not know; now do you affect to swear that these identical things were in the box? - I firmly believe in my own mind that these are the things.

What is the ground of your belief, and by what do you distinguish them? - From the make and the marks.

If Mr. Jones has ten dozen of shirts, how are you sure that that indentical shirt was put up by you in the box; that you put up a number of shirts, I can easily conceive, but can you swear that you put up that identical shirt and these other identical pieces of linen? - By the loops, and by the oilet holes, I firmly believe they are the things.

Court. This linen was sent from Old-street down to Moulsey by water? - Yes.

Did you send all your master's dirty shirts? - Yes.

How often do you send? - Every week.

Mr. Garrow. Can you take upon yourself to say that that is one of the shirts that were sent that week? - I firmly believe it to be one.

Mr. Justice Gould. She is sure that it is Mr. Jones's shirt, whether it was in that box, or at any other time it is found in the possession of the prisoner.

Mr. Sylvester. Had your master lost any linen the week before? - No.

Mr. Garrow. How do you know what went to Moulsey? - Because they were returned safe to me clean.

Look at that jam? - The greatest part of it I made myself, this piece underneath that tuck I put to it, it has not been washed since, and there was new edging about it.

JOHN LUCY sworn.

I am a constable of St. James's, Clerkenwell, I found some things in a bed room in Long's buildings, White-cross-street, in a foul clothes bag at the head of the bed, I cannot say whether these are the things, they have been out of my custody; Mr. Bodington was with me.

Mr. Garrow. Did you find any thing concealed? - No.

To Mr. Bodington. To whom did you deliver that shirt to be washed? - To my servant-maid in my own house, I was in the house on last Sunday when it was done, I saw it washed, because it should not go out of my custody.

PRISONER's DEFENCE.

My Lord, I am very much incensed against the Jury, in hopes they will not pass any encomiums on my past conduct.

Court. What does he say.

Mr. Garrow. My Lord, I believe he means that he has confidence in the clemency of the Jury.

MARY BURN sworn.

Mr. Garrow. Do you know the prisoner? - Yes.

You and he lived, I believe, in the same apartment at the time he was apprehended? - Yes.

You was there when the officers came? - Yes.

Did you see the linen they carried away with them? - Yes.

Can you give the Court any account of that linen or any part of it? - I bought a parcel of child-bed-linen, and along with it, I bought this muslin frock, and a man's shirt, and a pair of dirty pockets.

Where did you buy them? - In Monmouth-street, Rag-fair; I carried them home all wrapped up together, I told the constable then, that I bought them that same afternoon.

Cross-examined by Mr. Silvester.

When you get through Monmouth-street then Rag-fair begins? - Rag-fair joins to the Minories; I thought it was Monmouth-street.

Who did you buy them of? - A woman.

Then you heard Mr. Penny say that is my child's frock? - No, I did not, I asked for a few of the child-bed-linen for fear any thing should happen to me, as I was so near my time.

Are you his wife? - I live with him in that capacity.

Oh! in that capacity, how long pray? - Upwards of three years.

Mr. Garrow. He has some children, I believe? - Yes, Sir, I have two.

JOSEPH DUNBAR sworn.

I am a jeweller, I know the prisoner, he works for me.

How long? - About nine or ten months, or rather better, ever since last March.

What character has he deserved at your hands? - A very good one, he has had it much in his power to rob me, and I have found him just and honest.

Do you remember being lately in his company, if you do, you will tell the Court where it was? - He was with me from between five and six o'clock in the evening till near ten, we were at No. 3, Naked-boy-court, Ludgate-hill; that is my own house, I have a house also in Butcher-row, No. 11, which he worked at.

Mr. Sylvester. What are you, Mr. Dunbar? - A jeweller, Mr. Sylvester.

Where do you live? - No. 3, Naked-boy-court, Ludgate-hill.

How long have known the prisoner? - About nine, ten, or eleven months, ever since last March.

You did not know him before March? - No.

You knew nothing at all of him before then? - I never knew him intimately.

But I want to know particularly? - Upon my word I do not know particularly.

You seem to be shuffling? - I do not know.

Upon your oath you never heard where he was? - That is a different thing, I have heard he was fined for a misdemeanor, that I do not know upon my oath.

Do not you know any thing more of him? - I do not know any thing else upon my oath.

Then your acquaintance only commenced in March? - He worked for me in March.

But where he was before you do not know, where did he come from? - I do not know otherwise than I have heard, I declare it to you as an honest man, however you suspect it otherwise.

You yourself I understand have been in disagreeable circumstances? - Yes, and you know I was innocent, and I call somebody to witness, superior to you and me, that is, my God, that I was innocent.

But since that look round, and see if you do not see any gentleman that you know, do you know that worthy Alderman? - Yes.

Was you ever before this gentleman? - This is the gentleman that you alluded to.

No, that is another business, now as the Court are disposed to laugh, I shall be glad if you would explain it? - The charge that was before that gentleman you know, because I gave you a fee for your kind assistance, which you received for your honest ingenuity.

Court to Dunbar. You say Sir, you have heard of this man being fined for a misdemeanor? - Yes.

What was the fine? - Something about a twelvemonth.

The question is, whether you have not heard of somewhat happening to the prisoner besides the fine? - Nothing upon my oath.

Did you never hear that he was in prison? - Fined, and confined, that was what I meant by the word fined.

Mr. Sylvester. It was from this Court? - That I do not know.

Court. Had you heard he was in prison at the time you employed him in business or after? - Sometime after.

Did you after you had heard that, make any enquiry into the truth of it? - No, only I have very carefully watched over him, and found him very faithful, I enquired no further than from the general report of people; I found him very faithful in his business to me.

What was the general report? - That he had been fined and confined here for some offence, but I did not hear what.

Mr. Sylvester. Not for stealing nutmegs? - I never heard of it till now.

Do you know the hulks? - Yes.

Was the prisoner never there? - I never heard of it in my life.

DAVID MOFFATT sworn.

I have known the prisoner about ten months.

What has been his general character during ten months? - I am a carpenter myself, I have done some jobs for him.

As far as his general reputation reached you, was he an honest man? - I heard no report of his character before this, I never knew him before, I was recommended to him.

John Lucy . I speak in justice to the prisoner, he never owned the jam, but the woman downed on her knees, and begged to have the jam out of the bundle, she said, she bought it in Rag-fair that morning, and the man never acknowledged a word of it at that time upon my oath; I think it no more than justice to mention.

- PEARCE sworn.

I am upon my oath as well as that officer, he was busily employed in taking the things

out of the inner room, and could hear every word, I whispered to Mr. Bodington at the same time, and said, I insist on that jam being taken, the prisoner said do not take that, that is my child's frock, these were the very words.

Court to Pearce. Did you see the woman fall on her knees? - The prisoner at the bar begged once or twice not to take the frock, because it was the child's and Mr. Bodington I believe, made answer to the woman, good woman, be easy.

Court to Bodington. How was this? - I do not know that the man did ask for the frock, or say it was his frock, the woman begged I would deliver the frock to her.

GUILTY .

Transported for seven years .

Tried by the First Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17840225-36

299. JOHN POND was indicted for feloniously stealing, on the 22d day of March, 1783 , two deal planks, value 6 s. three wooden putlocks, value 1 s. and part of the shaft of a cart, value 4 d. the property of William Beresford .

Mr. Scott of Council for the Prosecution, thus opened the case.

May it please your Lordship, and you Gentlemen of the Jury, to favour me in support of this prosecution. The original prosecutor in this indictment, which was preferred ever since July sessions last, is lately dead, but whilst living, he had retired from trade, and had a house at Paddington ; he had occasion it seems to repair a wall, that was in his garden, and upon that account, as he had at sundry other times, both in the summer and winter; he employed this man, John Pond , in repairing the wall; all the scaffold and the scaffolding boards, and every thing else that belonged to this business, were the property of Mr. Beresford, the prosecutor, he provided all these things: the work however, was no sooner compleated but he missed the things mentioned in the indictment; indeed Mr. Beresford had from time to time missed many things; but Mr. J. Pond was one of the last men in the world that he had any suspicion of: after this work was finished, it seemed that there was a part of the paling of Mr. Beresford's garden, that was not repaired, and the premises of the prisoner immediately joining to those of the prosecutor, when the carpenter came to open the paling, he immediately opened into a shed of the prisoner's, and in that shed all these things were found. Mr. Beresford was informed of it, and was a good deal surprized, but being a man of a very humane disposition, I take it for granted, no prosecution would have been heard of, as the things were returned to Mr. Beresford, there being no doubt of the property: but Mr. Pond a little time after, had the assurance to bring an action against Mr. Beresford and his son, and a carpenter, for the several things stated in the first indictment; a great space of time has elapsed between that indictment and the present time, and the conduct of Mr. Pond has been putting off this matter from time to time; and with respect to this action, which was the very reason, why the Court did not try this cause before, you will find that action has never been taken the least notice of whatever.

Mr. Chetwood, Prisoner's Council. The man had not money enough to go on with the action, and it was non-prossed, and he is now a prisoner for costs; it is a most wicked prosecution.

Mr. Scott. I opened the matter some sessions ago before your Lordship, and you was then against our going into the business till the action was tried.

Mr. Chetwood. They never took him before a magistrate, nor never got a warrant against him.

Do you know any thing of your father having lost the things mentioned in the indictment? - Yes, the prisoner follows the trade of a bricklayer ; my father had employed him a number of times; about the 22d of March last, the last piece of business the prisoner did, was repairing a house, and the garden wall of that house was found to be in a very ruinous state, it was taken down several courses, and to repair it compleatly, a scaffold was necessary, which was erected; after the wall was repaired the scaffold was taken away; there had been a number of things taken off the premises, and we could not discover who the thief was; a fence in my father's garden was in a ruinous state, which was taken down, in order to set up a new one; this fence adjoined to a little cottage that was occupied by the prisoner, and when the fence was taken down, my father sent for me; I went over a plank from my father's garden to the prisoner's premises, and in the apartment I mentioned before, which was a room in the cottage which the prisoner occupied, I discovered two fourteen feet two inch yellow deals; going a little farther on the prisoner's premises, in a shed belonging to the prisoner, I there discovered a number of putlocks, they are a kind of flooring joists, there were three that I was very particular in, in which there had been burnt marks, they were bought of Mr. Richard, or Robert Brittain , of Chelsea, I believe he was a bricklayer; the prisoner took down the scaffolding that I purchased there; the burnt mark was endeavoured to be erased out, but was not done so effectually but that it is possible to be seen now; I put a private mark on them, and they have been in my possession ever since.

Can you identify at all the deals? - I think there is not a doubt, I can tell them by the wood, the grain of these planks was so exceedingly hard, that the saw jagged every time it cut, and would not make a clear cut; there was also found in the same shed with the putlocks, a shaft of a cart, piled up, ready for business, as if it was the prisoner's property; I knew we had the fellow to it on my father's premises, and it is here to produce.

Court. Was it a broken shaft? - No, it was sawed off.

Mr. Chetwood, Prisoner's Council. What kind of a shed was this, was it an open shed? - It was very near inclosed.

The man lived next door? - Yes.

This was his shed? - Yes.

The shed was in the garden? - Yes.

The garden was not fenced in, otherwise than by paling? - No.

Was you there when the boards were taken away from this man's premises? - I was.

Did not he claim them? - No, his wife did, she said you take them away without any authority.

You carried them away? - They were taken away, I did not carry them.

By your order? - By my father's order.

Did you go before any magistrate? - No.

How long was it afterwards before you, your father, and the carpenter, were served with copies of writs? - On the 31st of March, the prisoner at the bar brought a letter to my father, and the contents of that letter was this, to the best of my recollection -

Court. Was you present when he brought it? - No.

Court. Then do not be forward to relate it. - I am not forward, my Lord.

Mr. Chetwood. Hear me, Sir; what day of the month was it when these boards were taken away from the prisoner? - I apprehend about the 22d, or 23d.

Court. How far was this cottage where the prisoner lived from the house in which you father lived? - About forty or fifty feet from my father's house.

Whether between the 22d of March and this 31st of March, the date of the attorney's letter, the prisoner was at home as usual? - There is not a doubt about that.

Did you or your father accuse this man of felony from the 22d of March till after the time that letter was sent? - At the time the things were taken away, it was looked upon as a base thing; his wife was told, if he did not quit the town he would certainly be prosecuted.

Did you hear that? - I am clear in it.

What did your hear said to the wife? - I said it myself.

When? - The time when the deals were taken away, I would not say an ill-natured thing on any account whatsoever.

Mr. Chetwood. Then from the 22d to the 31st, you say he was public at his own house? - There is not a doubt of it, I should imagine so; I took the letter to Sir Sampson Wright, and he bid me go and tell Mr. Fowler, you may do what you please, for we will indict him; I told Mr. Fowler I was sorry he was concerned in such a dirty piece of business.

Mr. Chetwood. You only told your own story to Sir Sampson; but now, if this man had committed a felony, and you was so great with Sir Sampson, how came you not to have warrant? - My father being a man in an advanced state of life, he did not like any kind of trouble, he knew he was justified in taking his property.

Was not there a bill preferred for petty larceny? - Yes.

What was the consequence of the bill? - The parties were not examined, I was not, nor the carpenter; my father went in and nobody else, but he could not speak to the whole of the business, and the bill of indictment was thrown out.

Then you never applied to the magistrate? - No.

And the action went on? - It did.

How long was it before you mended the evidence, and attempted the second time? - The next quarter sessions.

During all that time the man was public? - He was, I believe.

In July this bill was preferred by your father? - Yes.

Then he never was carried before a magistrate? - No.

As to the putlocks, you know they were your father's property? - Not a doubt of it.

Might there have been no others with that mark on them, when that man's goods were sold at Chelsea? - I am very clear I bought them all.

Court. How many might you buy there? - I suppose in the lot about one hundred and ten.

Mr. Chetwood. As to the bolts, do you know them? - I have no doubt.

Do you swear the bolts you have in the yard, are the very bolts you took out of this man's premises? - I do most undoubtedly.

You say so? - There is not a doubt of it.

(The three putlocks, the boards, and the shaft of the cart produced and deposed to.)

JOHN MEETS sworn.

I am a carpenter, I was employed by Mr. William Beresford , deceased, in repairing a garden fence, and the prisoner was whitewashing and stopping the house, when I went he had almost done, and these deals were in the place where I was at work, by the side of my bench, and he took them for scaffolding; when he struck the scaffold I never saw them any more; I found them in his possession.

Court. How did you find them? - After I had done this house, there is a garden-fence belonging to the house that Mr. Beresford lives in, and he ordered me to put

up a new fence; he asked me what were become of the deals, he thought they went off too fast; I told him I could not tell; one end of the sence was against the house that the prisoner lived in; old Mr. Beresford told me to knock the fence down; within about a yard, or very nigh to this fence, there was a door-way into a room, and I saw these deals in that room; they are a kind of stuff I never saw before, though I have been in that branch thirty years, and one of them has a very particular mark upon it, it is cracked almost from end to end; I went up directly and told Mr. Beresford of it, he came and went into the shed, and when he returned, he said, if every one had their right, John, there are more things of mine in that shed; we then found the putlocks, and some of the marks were fresh cut out, but not cut deep enough, and there was a shaft of a cart found, I had the fellow to it, which exactly answered, for a post.

Did you measure it? - Yes, I put them both together, I paired them.

Mr. Chetwood. What sort of a room was this? - The room where he lodged, there was no door it.

It was open and joined to his garden? - Yes.

Court. How far was the shed from the prisoner's house? - It joined.

Court. Have you looked on these boards? - Yes, I swear to the narrow one in particular, I am quite clear and satisfied that that board belonged to Mr. Beresford; I cannot speak to the putlocks.

What do you say to the other boards? - I cannot be so particular to them.

Mr. Chetwood. At the time that these boards were taken away, were they marked? - No.

Where were they put afterwards? - They were put in a place by themselves.

Mr. Scott to Prosecutor. Have you looked on these putlocks? - I have.

Have you any doubt upon them? - Not a doubt.

Mr. Chetwood. Were these boards ever carried to Bow-street? - They were not.

Nor to any justice's? - No.

THOMAS POWTON sworn.

I lived servant with the late Mr. Beresford.

Was you present when there was any thing found at the house of John Pond ? - Yes, there were two deals and three put-locks.

Should you know them again if you was to see them? - Yes, one was narrower than the other, I knew it particularly, I often saw it, I brought it in the cart from Westminster-bridge, and there was never such another deal in the cart. (The deals deposed to by this witness.) I can safely swear to the narrow one.

Court. What led you to take notice of these deals? - I took notice one was narrower than the other, I never minded them so particularly before, I can swear to the deals.

You can be sure that these were the deals that were found on the man's premises, but do you know they were the deals that belonged to Mr. Beresford; had you taken particular notice of both, or either of those deals, before they were found on the prisoner? - I had not taken very particular notice.

Then you brought such sort of deals as those for your master from Lambeth? - Yes.

Mr. Scott. Was there any mark on that narrow deal? - There is a piece slit off of

Court. Had you observed that piece slit off of it before you saw them at the prisoner's house? - No, Sir, I had not.

Mr. Chetwood. How many did you bring from Lambeth in the cart? - Twenty-four or twenty-five, I am not sure which.

Did you load them yourself? - Me and another man.

Are you a carpenter by business? - No.

And do you say now upon your oath, that you took so much notice of any particular deal that you could know it at this distance of time? - Yes, because he had them to build the scaffold, and they were

new, and we had no other that were, and when he struck the scaffold he took them away.

At the time when you loaded the cart, did you take notice of this deal any more than the other? - No, Sir.

SUSANNAH LUDLOW sworn.

I live the next door to Mr. Pond, at Paddington.

Do you recollect seeing the prisoner at any time carrying any things from Mr. Beresford's house to his own premises? - I saw him bring three putlocks, he put them over Mr. Beresford's pales.

Did you acquaint him that you took notice of it? - I did not.

Court. When was it that you saw this? - The 14th of February was a twelvemonth.

Which way did he get out of the garden? - He got over the pales, and he slipped over the pales, and a nail of Mr. Beresford's side, caught hold of his coat, and he recovered himself, and he took them under his right-arm, and put them in his own shed; he went back and knocked at Mr. Beresford's shutter for the boy to get up.

Mr. Chetwood. Did you ever mention any thing of this between that time and the 30th of March? - No.

How come you to recollect the day of the month so particularly? - I should not have recollected the day, if it had not been Valentine's-day.

Had not he putlocks before? - I do not know.

Court. What time of the morning was this. - It was a little after six.

Why it was hardly light? - No, it was not very light.

Did the boy come out afterwards? - I did not see him.

PRISONER's DEFENCE.

My Lord, the first of this affair, I was going to do a job in Paddington Church-yard, and Mr. Beresford sent John Meets to call me, I came back immediately, and saw Mess. Beresford's elder and younger, and John Meets the carpenter, and the boy and this Mrs. Ludlow; they all stood in the garden, and Mr. Beresford asked me how I came by those two deals; I told him, I bought and paid for them; and then he collared me and said, Paddington should be rid of such fellows as me; I told him to be sure, and look at them again; then he asked Mr. Meets, are you sure these are the deals; I do not know, Sir, says he, they look like them, I cannot say; I turned them over myself several times, they said they knew nothing about any particular mark; then they went into my other shed, where I put my putlocks in; says he, this looks like mine, this looks like mine, and the other looks like mine; says I, you had better own them all; he wanted to take them away then; says I, no, get an officer; says Mr. Beresford, you stay at home, and I will go and get a warrant to take you up; I went to the public house, the Running-horse, till eleven at night; then I went to bed; the next morning I went to my work, then they came again, and abused my wife, and took them from her; then I went to Mr. Fowler, and took his advice; I first went to the Rotation Office in Litchfield-street, they said Mr. Beresford could not hurt me, nor I him; then I went to Justice Hyde, in Little St. Martin's-lane; says he, I cannot grant a warrant against him, he is a great man in our parish; then I went to Mr. Fowler, he sent me with a letter to Mr. Hyde, that if he would not take him in hand he would; then I took a lawyer's letter for a demand of my property back, or else I should sue for damages; then, after that, Mr. Beresford sent for my wife to his own house, and offered her, that she should never want for any thing so long as she lived, if she would say that this property was there; and I have plenty of people to justify it here, that these deals never were in my possession, nor them putlocks; for my deals that were taken from me were two inches and three-quarters thick, and thirteen feet and one inch long: I have proof of the buying of the deals, and carrying them home and unloading them. The reason why I could not follow the cause in the King's Bench was, I was at the bar here before, and was sick a matter of ten weeks

with the gaol distemper, and my wife and I were so ill, that nobody would come near us.

THOMAS HICKMAN sworn.

I know the boards, I measured them over and over, they are not the boards, I knew them so long ago as last Michaelmas was twelvemonth, they were two inches and three quarters thick, and thirteen feet and one inch long.

Why did you measure them? - He bought them on purpose to make some rafters for a shed, and having a job to dig a well he intended to use them for that, and I persuaded him they were too thin; I measured them several times over; I thought them not stout enough.

Have you seen these boards? - Yes.

Is that one of the boards? - No, Sir, that is not the board.

Prosecutor. They are, upon the oath I have taken, the boards that were taken away.

Court to Prosecutor. But I suppose there were other boards in the shed, that were not taken away? - Yes, there were a great many more.

Prisoner. I had a dozen of other scaffolding boards which were thinner.

Court to Hickman. When did you see these boards on his premises? - Between New and Old Michaelmas was a twelvemonth.

Did you see them there in February? - No.

Was you there when they were taken away by the prosecutor? - No.

JOSEPH MIDDLEBURGH sworn.

I saw two boards that Pond bought, and brought them up by the cart, and I saw them in his shed afterwards, but I cannot say to the time.

ROGER DOBBS sworn.

I remember seeing two boards in his yard about last Christmas was a twelvemonth; I measured them; these are not the boards I measured in his yard; he had several other boards, and scaffolding things, and put-locks, that lay promiscuously, but these two we singled out and measured; I have known the prisoner five or six years, his character is extraordinary good, I never knew any thing against him, his word was always his bond.

The Prisoner called two other witnesses, who gave him a very good character.

GUILTY .

To be confined to hard labour on the River Thames for two years .

Tried by the first Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17840225-37

300. JAMES DORREN was indicted for feloniously stealing, on the 20th of January last, one pair of linen sheets, value 14 s. and one pair of linen pillow cases, value 4 s. the property of Elizabeth Lansden , spinster .

ELIZABETH LANSDEN sworn.

I lost a pair of sheets and a pair of pillow cases on the 20th of January, in Cannon-street , the prisoner came behind me and pulled the end of my bundle, and could not get it away, and I turned round to see who it was, and he wrenched it away with all his strength, and run away up Nicholas-lane; I saw him by the light of the window when he took the bundle from me; I never saw him before; he was immediately apprehended; I ran after him as fast as possible, and he was taken about a hundred yards off; I cannot exactly say, he was never out of my sight; just as he was taken, he dropped the bundle, I did not see him drop it; nothing was found upon him.

Prisoner. I was taken at one end of the street that the woman speaks of, and I was carried to her, I never saw her before.

HENRY GEORGE sworn.

I was standing at my master's door; I saw the prisoner run by me with a bundle under his arm, wrapped up in a white sheet, I pushed him up against a cart wheel.

What became of the bundle which he had? - I did not see him drop it.

Are you sure the person that was taken was the same person that run by you with that bundle under his arm? - Yes.

I am a constable, I only produce the pro-property, I received these things from the prosecutrix at the Compter, the day after he was taken.

(The things disposed to by the Prosecutrix.)

Prosecutrix. I picked the things up where the prisoner dropped them in Nicholas-lane.

Court. Why did you keep them in your custody till the next day? - There was no constable to be got that night, and I was ordered to bring the bundle back the next day.

The prisoner called one witness to his character.

GUILTY

Transported for seven years .

Tried by the London Jury before Mr. Baron PERRYN .

Reference Number: t17840225-38

301. JOHN LEE was indicted for feloniously stealing, on the 24th of January last, one wooden trunk, covered with hair skin, value 5 s. the property of Thomas Kempton .

THOMAS KEMPTON sworn.

I am a stage coach master , I keep a Tottenham and Edmonton stage coach , I live at Tottenham High-cross, I lost this trunk out of the stage boot, it was delivered to my book-keeper, and from there to the coachman; when it was lost I do not know.

Did you ever see it before the man was taken? - No.

Then you do not know that such a trunk was in the coach at all? - No.

WILLIAM MILLER sworn.

I am the coachman, I had this trunk to carry down as a parcel to Edmonton; I took it of the book-keeper, and put it into the boot of the coach; a man came and tried to take the trunk off; he dropped it down, and I caught him myself, the trunk is here; the prisoner is the man, I saw him come and take it, I stood by the fire while I saw him take it, it was about a quarter before five, the 24th of January.

Was he in the yard, or where? - Standing by the Bull gateway, the coach always stands out in the street; he was never out of my sight, he did not run twenty yards; I said nothing to him, he dropped it, I pushed after him, and he threw it down, and I took him.

PRISONER's DEFENCE.

I never saw the box at all, I have no witnesses.

GUILTY .

To be twice publicly whipped , and imprisoned one week in Newgate .

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17840225-39

302. DOROTHY MOXEY and ELEANOR HYDE were indicted for feloniously stealing, on the 19th of February last, six yards three quarters of printed cotton, value 10 s. the goods of Edward Broome , privily in his shop .

EDWARD BROOME sworn.

I keep a linen draper's shop in the Haymarket , on the 19th of February, I lost six yards three quarters of printed cotton, I had been absent from my shop, I returned about half past 3 or near 4; when I came into the shop, the prisoners were there, my servant was shewing them some cottons, there was another in near the door, and when I came in, she went out.

Was that woman in their company? - Yes, my young man was serving them, Hyde says to the other, stay here till I come back, I am going a little way, after this I saw my young man looking over these cottons, and turning them as if he had missed one, then he went out, he had been gone out about three minutes, not more, then he returned again and called me.

Mr. Garrow, Prisoner's Council. Do not tell us what he said, I beg that the other witnesses

may go out of Court. - Hyde came in again, and when she came in again, we challenged her with stealing this piece of cotton, my young man said, I will take my oath on it, that you have stole the cotton; I then said, do not make any piece of work about it, if you will give me the cotton, I shall make no more piece of work abo ut it.

Mr. Garrow. My Lord, he has said that he had first promised her, and afterwards threatened her, any thing she said under that impression cannot be taken.

Court to Prosecutor. Did you find any thing in her custody? - No, when my lad was gone for a constable, then she said, she believed -

Mr. Garrow. Your Lordship will not hear that, I object to any thing that she said being now given in evidence, because it is under that impression of the two things that the law says perfectly invalidates the evidence.

Court. Was you present when the things were found? - No.

Mr. Garrow. Hyde told the other to stay there till she came back? - Yes.

And she went out not followed by any body, and with perfect liberty to have gone anywhere she pleased? - My young man followed her.

He did not at all interupt her? - No.

And she came back voluntarily? - Yes.

You said there was another woman in the shop, and that she was in their company; how did you happen to know that, as she went out when you came in? - My servant told me so, I could not see it if I was not there.

No, but you should have told the Court so then, that your opinion was formed on conjecture and hearsay.

Court. I do not know whether this conversation that passed between the prosecutor and her, after the constable had been sent for, was in consequence of his promise, for she had absolutely rejected the benefit that he would have given her from that proposition.

Mr. Garrow. My Lord, it is very far from being my wish to trouble the Court, but I submit this is a continuation of the conversation.

Court. It is not my wish to press any thing against the prisoner.

Mr. Garrow. My Lord, it is first I will coax you, then I will threaten you, it is the common way.

JOHN BARBER sworn.

I am shopman to the prosecutor, I know both the prisoners, on Thursday last they both came into my master's shop to purchase some linen, it was about four o'clock, I shewed them several linens, they enquired for cottons for a gown, at last Hyde said she wanted to buy a gown for the shortest, I shewed her several pieces, there was another woman in the shop at the time they came in, which they knew, the other woman was there before they came in, they spoke to each other as acquaintance, she said, she was come to buy a gown for the short one who was going to place that night, the other woman had purchased same goods, I shewed them several; I thought I saw the tallest of them endeavouring to take a piece from the bottom, I looked over, she then desisted and pulled a piece nearer to her, that I could not see what she was doing underneath, they then both turned away from the counter, and one asked the other for a handkerchief, she had bought one piece, they both bargained for that, they did not pay for it then; I then thought they had taken the piece that I saw her endeavouring to take.

How many might there be in the parcel you shewed them? - Twenty or thirty, she went out, and I followed her, I did not stop to see whether she had taken the cotton or not, she went into the silk-dyer's, I ran back immediately; it was about four doors from us, I went after her again, she was gone from the silk-dyer's, and when I came back to our shop, I found her just returned, and buying some muslin, she wanted to pay for it, and seemed rather confused, as I

thought at least; I then looked the cottons over again and examined them, and was quite positive that it was gone, she wanted to pay for that piece that she had fixed on, I told Mr. Broome what I had suspected, she paid for the muslin, and as she went out I stopped her, she said, she knew nothing of it nor of the other woman, only as a slight acquaintance, we told her then, if she would confess and tell us where it was, so that we might have our linen again, we should trouble ourselves nothing about it, we repeated it several times, she offered to be searched, she positively denied it, we then sent for a constable, it was near half an hour before we could fine one; she then said -

Mr. Garrow. I am again obliged to trouble your Lordship, whether you would hear what the woman said, this evidence confirms his master, that first of all there was an attempt to get at some confession from her, by promising her, that if she would tell where the goods were, she should not be hurt, then upon her still persisting, they have recourse to the other implement by which confessions are extorted, namely threats; now I submit to your Lordship, that upon either of these grounds the evidence is not admissible: In a very late case I took this objection, and the Court held without a doubt, that the evidence under these circumstances was not admissible, the man was tried for robbing Messrs. Prescot and Grotes of a Bank post-bill, the defendant told a story, to which the witness said, that is very unsatisfactory; And unless you tell me a more satisfactory story, I shall send for a constable; under those circumstances, and under the terror of that threat, the prisoner made a very ample confession, the witness was going to disclose that confession, I took the objection, and the Court held most clearly without the smallest doubt, that it could not be received, for that, that engine had been employed, as in this case, with this addition in this case, that this woman was acting under the same impression from the beginning, and therefore I submit with the greatest deference to the Court, ( as I cannot in my mind separate the two impressions that were made on the mind of that woman,) that the Court, in a case of life, will not suffer this confession to be received.

Court. I think we cannot receive this confession, but any acts that were done afterwards may be received in evidence.

Mr. Justice Buller. Whatever acts are done are evidence, but if those acts are not sufficient to make out the caseagainst the prisoner; you are not to hear her conversation or confession, so as to couple it with those acts. I tried a prisoner where the evidence was just as it is here, and I stopped all the witnesses when they came to the confession: the prisoner was acquitted; there were two learned Judges on the bench, who told me that though what the prisoner said was not evidence, any facts that arose afterwards must be received; and tho' that did not affect the case of the prisoner then at the bar, it was stated afterwards to all the Judges, and that was the line drawn; though you will not receive the confession or declarations of prisoners made under such impressions, yet the acts done afterwards may be received.

Court to Barber. Was any thing done subsequent to this? did you go and find this printed cotton any where? - Yes, I found it at the chandler's shop in James-street, Hay-market.

(The cotton produced and deposed to by the shop mark.

Court. Was that linen amongst the parcel of linen you shewed the prisoner? - Yes.

You are sure of it? - Yes.

Mr. Garrow. There was a woman in the shop before these women came in? - Yes.

How long had the first woman been gone before Hyde went out of the shop? - About ten minutes.

Had you after that woman went away, observed that identical piece of linen there? - Yes.

Why you have told my Lord that there were thirty pieces of linen? - This was at the bottom, I can swear it positively, they were dark linens I shewed her, and this was a very light one.

Did you observe that identical piece of linen? - Yes.

You mean to swear that? - Yes.

Were these 30 whole pieces or remnants? - Some whole pieces, and some remnants.

What is the distance of this chandler's shop? - About two hundred yards.

The first woman might have carried it to the chandler's shop herself? - This piece was not taken down till after the other woman went out of the shop.

Why, they were laying on the compter? - No, that I remember.

I wish you would remember this, that this is a case that affects the lives of two prisoners by your evidence, Mr. Barber? - There were several things laying on the counter.

Aye, so many things that you could not then distinguish the one from the other, though you now affect to say that you could distinguish. - I can take my oath that I saw her hand on it, taking it from the rest; I am sure I saw her hand on it.

And on that identical piece? - Yes, I can swear that the others were all dark.

You did not follow this woman into the chandler's shop? - No.

You did not interrupt her in her walk to the silk dyer's? - No.

You took a traverse through a number of other streets, and then found the woman in the shop? - Yes.

And she told the other woman to stay there? - Yes, I told her that I supposed she must have given it to the other woman.

ELIZABETH LINDSEY sworn.

I live in James-street, Hay-market, I keep a chandler's shop; on the 19th, the prisoner Hyde came into our shop for a quartern of starch, and asked to leave that bundle, and she would call for it; I let her leave the bundle; I do not know what it contained.

Court. Was it the same bundle that you afterwards delivered to the young man, Barber? - Yes, I believe it was.

Did you give it to Barber? - I gave it to the prisoner again.

Mr. Garrow. You never had seen her before? - No.

She was not a minute in your shop? - No.

Court. Are you sure it was the prisoner at the bar? - I believe it to be the same, I took my oath so.

Had you any conversation with the prisoner at all? - No, I know she was the same that delivered the bundle to me.

FOR THE PRISONER HYDE.

- SELBY, Esq; sworn.

I am Clerk of the Peace for the County of Middlesex; I know the prisoner Eleanor Hyde , I have know her ever since she was a girl; she was born at Alnwick, I knew her family very well, I never heard any thing against her, I always looked upon her as an honest woman, she has been in town something about a year; I have never seen her since she was in London; I understood she was lately married, I have seen her husband, and was very much surprized when I heard of this matter.

Court. What way of life was her husband in? - A servant, I believe.

Court. Has the prisoner any other witnesses to her character?

Mr. Garrow. My Lord, after Mr. Selby's evidence, I shall not trouble your Lordship with any more witnesses to her character.

Jury. My Lord, the Jury wish to be informed, whether a suspicion of the witness, that she took the cotton at that time, takes off the private stealing?

Court. He did not see her take it, but he saw her attempting to take it, and in all probability it was taken at that time; there is sufficient foundation on the evidence to think that it was.

Mr. Justice Buller. He immediately afterwards saw her apply to the other for a handkerchief;

if she took it at that time, it was not a stealing privately; if you could suppose she did not take it then, but took it afterwards when his back was turned, that would be a stealing privately.

Mr. Baron Perryn . He was put on his guard, and wherever there is a doubt of that kind, one would always incline to the milder part of the case.

DOROTHY MOXEY , NOT GUILTY .

ELEANOR HYDE , GUILTY Of stealing but not privately .

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. Baron PERRYN.

Reference Number: t17840225-40

303. BENJAMIN SMITH alias JAMES JOHNSON was indicted for feloniously stealing, the 26th day of January last one silver table spoon, value 5 s. the property of Thomas Price .

ANN PRICE sworn.

I live at the Oxford coffee-house, in the Strand , my brother Thomas Price , keeps it, he lost on the 26th of January last, a silver table spoon, I first missed it about two in the afternoon, I act as mistress there, the prisoner came for a glass of brandy and water.

Court. Are you very sure it is the prisoner that came in; look at him? - Yes.

Did you ever see him before? - I have, I served him with the brandy and water at the bar, and he staid in the coffee room just by the bar, and about half an hour after he had the brandy and water, he looked a good deal about the coffee room, I had some reason to suspect him, and I had all the spoons collected together, and put out of the way, he walked round the coffee room, and at the farthest table from the bar, called No. 5, there was a silver spoon standing in a bason.

Did you see him converse with any body in the coffee room? - I never saw him converse with any body in my life.

Are you very sure that spoon was there? - I am very sure it was there, and I saw him take it out of the bason.

You are sure he is the man? - I am.

Did you get the spoon back at any time? - I got it back before he left the coffee room.

What did you charge him with it immediately? - I stopped him as he was going out of doors.

Did you find it upon him? - I did.

The spoon that you found on him, do you know whose property it is? - It is the property of Thomas Price my brother.

Had it any marks about it? - Yes, T. M. P. marked in a cypher.

Had it any other marks about it that you know it by? - No other.

Are the other spoons in the coffee room marked in that way? - Yes, we have a great many.

There are many persons that are waiters who serve in the room besides you and Mr. Price? - Yes, but Mr. Price was gone out that day.

Had the prisoner been to the coffee house before that day? - No, not that day.

Can you of your own knowledge say whether he had any soup? - He had not.

How long was he in the house? - Rather better than half an hour.

Was you in the bar all that time? - Yes, there were several waiters in the coffee room backwards and forwards, but when he took the spoon there was only one.

Had the prisoner been out of your house? at all.

VALENTINE SAUNDERS sworn.

About half past one, the prisoner came in, and he called for a glass of brandy and water and a crust of bread, which I gave him, there is a fire place near the bar at which he stood for some time, very near

half an hour, during the time he was standing there, he was asking a few questions which I did not observe.

Did he converse with any body in the coffee room? - Not any gentleman, Sir, he spoke to me and my mistress; as we had had some suspicion of him I went upon the stairs, to give him an opportunity in case there was any thing in his way to take, there is a glass door to the stairs, and I could see into the coffee room, and I saw him walk up to the table called No. 5, at the far corner of the room from the bar, there were some newspapers laying on the table, that I saw him turn over, and there was a bason standing there that a gentleman had been having some soup, and a spoon in the bason.

Could you see the spoon in the bason from where he was? - Yes, I saw him take the spoon from the table, and he walked away towards the street door, I went that way intending to stop him, and my mistress caught hold of his coat-sleeves, and the spoon was taken from him; I am sure the prisoner is the man.

The spoon produced and deposed to, marked T. M. P.

Mr. Sylvester. He went to the table for these newspapers and turned them over? - Yes.

Had you been in the room all the time? - I had.

Much company in the room? - No.

Do you remember his going out after he had the brandy and water? - No, I am sure he did not go out.

Had he any soup that day? - No.

Court. Why is it marked T. M. P.

Mrs. Price. The M. is for the name of my brother's wife, who is dead.

PRISONER's DEFENCE.

That very morning that this unfortunate thing happened, I had been to Lord Grantley's whom I had an appointment to meet, I did not happen to see him; I had been there once before, I went to ask for a Captain of a man of war, and had a glass of brandy and water, and I staid in the coffee house ten minutes, I went out to the Hungerford coffee house to ask for the same gentleman, and I came back directly, and had a bason of pease soup (which they now deny), and whilst I was eating that pease soup a gentleman laid down a newspaper; I got up with the spoon in my hand; never concealed any more than my glove is, and the woman ran to me, and said, I was going to carry away her spoon, I gave it to her, and said, woman, I was not going away with your spoon, says she, we have lost a great many things, and you shall pay for them all.

Court to Mrs. Price. What is the value of this spoon? - I should suppose about five shillings.

From what part of the prisoner did you take the spoon? - I cannot tell, it was not in his hand, but from where he took it, I cannot say.

You swear that you took it from him? - He gave it to me with his hand.

Prisoner. I have been Captain of a ship these twenty-six years, and I have lived thirty years in one parish.

Court to Jury. I take the law to be clearly this, that if this man took away the spoon from the place where it was, not making use of it as a customer and visitor, but with intention to steal it, that is clearly a felony.

GUILTY .

Mrs. Price. My Lord, this poor man has declared that it was distress made him do it, and as he is an old man, I hope you will give him as little punishment as the law will allow him.

The Rev. Thomas Cokayne , D. D. My Lord, I came to speak on the behalf of the prisoner, I should have spoken before, but I am unacquainted with these things.

Court. You must be sworn, Sir.

Rev. THOMAS COKAYNE , D. D. sworn.

My name is THOMAS COKAYNE , I am the Rector of Rotherhithe, I know the prisoner and his family, he was Master of a West-India ship, and of course sometimes

home with his family, and sometimes absent, but the family were constantly resident near the church for three or four years, in a house that I have some concern with, till about a year ago; I have many times seen the prisoner, and I never heard any reflection on his moral character in any respect; but I have often heard he was in very distressed circumstances: during the course of last summer he wrote to me, a strong letter about his indigent and distressed circumstances, and desired me to do what I could to serve him, to make some collection for him, and to apply to his friends, which I did; and the worst I heard of him at that time was, that his distress was very great.

Court to Prisoner. You have been tried and found guilty of the offence charged against you in the indictment; the first witness has recommended you to the mercy of the Court; there is likewise a clergyman of respectable character, who has spoken in your behalf: in consideration of these circumstances, and in hopes that you will be more cautious for the future; this sentence is imposed upon you, that you pay the fine of one shilling , and that you be discharged.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-41

304. SARAH PEAKE was indicted for feloniously stealing, on the 18th day of January last, one linen sheet, value 2 s. one wooden pail, value 1 s. and one hair broom, value 2 d. the property of William Mason , the said things being in a lodging room, let by contract to the said Sarah, by the said William Mason , to be used by her as a lodging room, contrary to the statute .

WILLIAM MASON sworn.

I live in White's Row, Whitechapel Road , I let a lodging to William and Sarah Peake about nine months ago, furnished; they staid with me till the 18th of January last, but I never saw William Peake , her husband, since the 4th of January.

Court to Jury. The prisoner is a married woman, the wife of William Peake , therefore the indictment should have been,

"let by contract to the said William and

"Sarah;" consequently this indictment cannot be sustained, and the prisoner must be acquitted.

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. Justice GOULD.

Reference Number: t17840225-42

305. THOMAS RILEY and JOHN RYAN were indicted for feloniously stealing, on the 8th day of February last, two pieces of sheet lead, containing 90 lb. weight, value 10 s. the property of a certain person unknown.

WILLIAM PALMER sworn.

I saw the two prisoners carry some lead into a shop where they buy iron, it was about eight o'clock on Sunday night last was three weeks.

Court. Do you know where they got this lead? - No, I do not, there were eight different people came to see after it, and neither of them knew it.

You do not know of any person that had lost any lead? - No, I do not know any thing of it.

Court. Gentlemen of the Jury, this is an indictment for stealing lead, the property of a person unknown; now I take it clearly, that to support such an indictment as that, though you cannot identify the lead, yet you must prove that some person has lost lead; there has been a felony committed in stealing the lead, but then it cannot be proved that it is the same lead that was found on the prisoner; and I take it to be clear law, that you must lay a foundation that some one has had lead stolen from them, but as there is no evidence of that kind, there is no foundation for this indictment.

306. JOHN ABBOTT was indicted for feloniously stealing, on the 7th of February , one woollen great coat, value 12 s. the property of Robert Bryant .

ROBERT BRYANT sworn.

On the 7th of February, between eight and nine at night, the prisoner came to my warehouse in Chiswell-street, I sell various articles , and amongst the rest great coats, he said he wanted to buy a great coat.

Court. Look at the prisoner, be sure he is the man? - I am very clear of the man, he was fitted with a great coat, the price agreed for was twelve shillings; he told me he had not cash enough in his pocket to pay for it, if I would send one of my men to his house with him, he would give him the money.

Did you know him at all, did he live in your neighbourhood? - Yes.

You knew his person, then? - Yes, I sent my young man with him, in order to bring the money back; I delivered the great coat to the prisoner, and I sent my young man to take the money.

SAMUEL BLACKMAN sworn.

Was you present when the prisoner came to Mr. Bryant's warehouse? - Yes.

What are you? - A servant.

In what capacity? - In the warehouse; the prisoner came in and told my master he wanted a great coat, he was fitted with one; he put his hand in his pocket, he had not money enough to pay for it, he desired my master to let one of his men step with him for the money, the price agreed for was twelve shillings; he said he lived in Salmon and Ball Court, Bunhill-row; when he came up that court, he desired me to stop while he stepped to the public house for the key, their people were all out, he said; I did not think proper to stop, I walked after him.

Court. When the coat was fitted on, who carried it? - He carried it under his arm, he went into the public house at one door, and out at another.

You did not follow him in? - No, I saw him about a week after, the great coat was found at the pawnbroker's, I was to bring back the money.

Did any thing more pass about the payment? - No.

Mr. Justice Gould. Was you present at the time that the prisoner bargained for the coat? - Yes.

Tell us the agreement as near as you can recollect? - As near as I can recollect, my master said twelve shillings was the price of the coat, and he agreed to give twelve shillings for it; and my master solded it up.

Did he put his hand into his pocket? - He did, and said he had not money enough to pay for it, but if my master would let one of his men step with it, he would send the money back.

Jury. Did he offer to pay any part of the money? - No.

JOHN PARKER sworn.

I am a pawnbroker, I never saw the prisoner before he brought the coat, he was in a different plight then.

Court. Have you the coat here? - It has been brought to Hicks's Hall.

Court to Jury. You will be under the necessity, in this case, of acquitting the prisoner on a point of law, because it turns out on the evidence of the two first witnesses, that the man came in for this great coat, was fitted with it, and that the prosecutor gave the possession of this coat to the prisoner; the prisoner took it away and not the servant, the prisoner promising to pay for it; the prosecutor gave the prisoner compleatly in law a possession of the great coat, upon the usual promise of paying for it; however, being once in legal possession of it, though he did not pay for it, there is a legal remedy which must be against the prisoner by action, but certainly this indictment cannot be maintained on account of the property being vested in the prisoner by that bargain, and there being no property in the prosecutor: you will therefore be

307. ELIZABETH STEWARD was indicted for feloniously stealing, on the 15th day of February, two linen shifts, value 10 s. the property of Thomas Thorby .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840225-45

308. THOMAS SMITH was indicted for feloniously stealing, on the 24th day of January last, one pair of linen sheets, value 10 s. the property of Thomas Lane , John Lane , and Thomas Frazier ; and one trunk covered with hair, value 5 s. the property of John Monday .

GUILTY .

To be twice publicly whipped , and imprisoned one week in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840225-46

309. JAMES BARNES was indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Aston , at the hour of seven in the night, on the 7th of February , and feloniously stealing therein four pair of silk stockings, value 20 s. the property of the said Richard Aston and Joseph Basing .

RICHARD ASTON sworn.

On Saturday night the 7th of February, I was sitting in my parlour, about seven o'clock, and I heard a smash of my windows, in the parlour adjoining to my shop, and I jumped up, and leaped over the table, I knew the door was tied, and by main strength I broke the cords which tied it, one was tied round the door, and one was tied round the iron rails; as I have been at sea myself, I knew it must be a sailor that tied it; I flew out into the street, and run up the street; there were numbers of people that cried, there he is; I heard his footsteps, but there were several people between him and me; when I came to the corner, the back of Burlington Gardens, it being then quite open and light from the snow underneath, I saw the prisoner at the bar running, at the corner of Lady Grosvenor's house, turning from Bond-street towards Saville-row.

Court. How far had you gone from your own door when you saw him? - I suppose it is one hundred yards.

The man you saw running you pursued? - Yes, one of the witnesses, a little boy, endeavoured to throw him down, instead of falling down, he threw the stockings down under his knees; he turned clear of him, and run into my arms; I saw him throw something down, a chairman that was coming by caught hold of him; at the same time a pair of stockings were picked up by the boy, and two pair more were picked up by other people.

What did he say to you? - He used very abusive language.

Was any body running by him? - No.

Have you a partner ? - Yes, I am in partnership with Mr. Basing, I keep house by myself.

The remainder of this Trial in the next Part, which will be published in a few Days.

ERRATA. - In the beginning of Part II. Page 328, conclusion of the Trial of Hugh Graham , instead of his sentence being

"Transported for seven Years," read,

"To be

"kept to hard labour three Years on the Thames."

Part VII. will contain, among many others, the remarkable TRIAL of WILLIAM WADE , for the Mu der of his Apprentice Girl, by starving her to death.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 25th of FEBRUARY, 1784, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of James Barnes .

JOHN CLARKE sworn.

Court. How old are you? - Just turned of fifteen; on the 7th of January I heard some people cry out, stop thief! I turned round, and saw the prisoner come running along, I stooped down, he whipped of one side of me, and threw the stockings down on one side of me.

Did you see him throw the stockings down? - Yes, he slipped on one side of me just as I went to fall down.

How many pair of stockings did you see him throw down? - I did not take notice, I ran to the gentleman and shewed him where they lay.

PRISONER's DEFENCE.

As I was coming from Charles Court, in the Strand, to go to High-street, Marybone, coming through this place, I saw a great mob, and the people were argufying about something, I do not know what it was; I have nobody to my character, I am tried too soon!

(The stockings deposed to.)

Court to Prosecutor. Where had the stockings been laying before they were lost? - They were laying upon the shew-board in the window, folded up, it is a bow window with a shew-board within side.

What glass was it that was broke? - It was a large square.

How did it lay? - It was a square of the sash that was broke.

GUILTY Of stealing, but not of breaking and entering the dwelling house .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-47

310. JEREMIAH ROSE was indicted for feloniously stealing, on the 7th day of January last, one linen handkerchief, value 12 d. the property of James Christie .

JAMES CHRISTIE sworn.

Passing through the narrow passage that leads from Cock-lane to Smithfield , I heard

a person in great haste behind me; I had a child, and made way for him; I felt in my pocket, and my handkerchief was gone, I stepped hastily after him, he looked at me, I followed him, he turned down Hosier-lane, I said I am after you, then he began to run, I ran after him and overtook him, I immediately saw him drop that handkerchief at his left foot.

(The handkerchief deposed to.)

RICHARD COTTRELL sworn.

The prosecutor brought the prisoner up himself to my door, and gave charge of him, and gave me the handkerchief, and I have had it ever since.

Prisoner. I have nothing to say, I have no witnesses.

GUILTY .

To be twice publicly whipped , and imprisoned one month in Newgate .

Court. Where do you belong to? - St. Bride's, Fleet-street.

Have you any father or mother? - No.

How have you got your living? - I have worked at portering with Mr. Hemings, a fruiterer.

How comes it he is not here to give you a character? - I would not wish to trouble him.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840225-48

311. WILLIAM CUMMINGS was indicted for feloniously stealing, on the 27th day of January last, one pair of linen sheets, value 8 s. the property of Charles Cowling ; and one linen shirt, value 1 s. and one linen handkerchief, value 4 d. the property of Stephen Kent .

CHARLES COWLING sworn.

I heard a noise in my passage, and I looked and saw the prisoner going out with a bundle under his arm, he shut the door after him; he turned into a court, I knew there was no thoroughfare, and I waited for his coming out, I looked up the court, and I saw him knock at a gentleman's door; when he came out he had the bundle then, he said he had not been in my house, I said I was sure I saw him come out, I did not know I had lost any thing then; he then told me he wanted one Mrs. Thomson, a washerwoman; he said he was going over to the White Lion, I did not think of the garret, and he went away with the bundle, it struck in my memory to see if the garret was safe; my wife went up immediately, and hallooed out, the sheets are gone; I immediately went after him, and he took through a stable yard, he was walking on gently in Bishopsgate-street, I caught him with the bundle under his arm, I brought him back and sent for a constable, and gave charge of him; we searched him, and in his great coat pocket there was a shirt and handkerchief of my apprentice's, this is the bundle.

- WHEELHOUSE sworn.

I have had the things ever since, I am the constable.

Court to Prosecutor. What did he say for himself when you brought him back? - He said he found them.

PRISONER's DEFENCE.

I came across the water, a man came with me, and said he was going to call at a house for a bundle, and said if you will go and call at such a house I will come to you, and I was going to the White Lion to see for him. I came out of the hospital three weeks ago with a broken leg.

GUILTY .

To be twice publicly whipped , and imprisoned one month in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840225-49

312. JOHN HARROW was indicted for feloniously stealing, on the 19th day of February , one hempen sack, value 1 s. and 56 lb. weight of onion seed, value 10 l. the property of John Field , the elder, John Field , the younger, and Richard Labram .

I never saw the prisoner before last Monday night in my life, I took some seed from Mr. David Lewis , in Cornhill, and put it into my cart to carry it to Mr. John Field , seedsman , in Lower Thames-street; the seed was bought by my master, and I was carrying it to him; I lost it out of my cart, I missed it in Pudding-lane ; I saw the prisoner first at the Rotation Office, and the seed was at Mr. White's, in Whitechapel, I lost it the 19th, and he was taken up the 20th, the next day.

Court. Did you know the seed? - I know it was onion seed.

Jury. Could you swear to the sack? - Yes.

JOHN LEE sworn.

The seed was brought into my master's, Mr. James White 's shop, by the prisoner, on the 19th of February, between seven and eight, I never saw him before in my life, to my knowledge.

Court to Mitchell. What time was it you lost it? - Within ten minutes of six.

Lee. I was in the parlour when he came into the shop, I asked him what he wanted, he asked me whether I wanted to buy some onion seed, I asked him how much he had, he said it was there, he bought it for six shillings, it was a sack; then I looked at it, and bought it, I did not know whether it was onion seed or leek seed; I asked him what he must have for it; he said, he gave six shillings for it; I said, will seven shillings satisfy you, I said I do not know any thing about it, you must leave it till morning; he said, he wanted a little money, I told him I could give him a little trifle of money if he wanted, but he must leave it till morning; I gave him four shillings, as my master was not at home; he called in the morning before my master was up, and I gave him three shillings more, and told him he must call again, for my master had not looked at it, and I did not know any thing about it, nor what it was worth; as soon as my master got up, I gave him some of the seed to look at, he immediately told me it was stolen; I then shewed him the sack, he said the sack was Mr. Field's sack, or had been so; the prisoner called again at night, and before that a hand bill came in; when he came again I stopped him; he said he bought it of a man, but he did not know him; my master told me it was worth ten or eleven pounds; in the morning I carried down the sack to Mr. Field's, I delivered it to one of the gentlemen.

Who saw you deliver it? - I cannot tell.

Court to Prosecutor. What evidence have you to prove the identity of the seed? - We can only swear to the sack.

(The sack deposed to:)

DAVID FIELD sworn.

We published some hand-bills, and dispersed them about, and in about half an hour after, Mr. White sent to inform us that his man had taken in such a quantity of onion seed, my partner brought it down to our house, there it was put by; about seven in the evening a message came from Mr. White, informing us that the man had called for the sack and they had detained him, then the sack was taken before Justice Staples and deposed to.

Court. Is there any body here that was present when the sack was brought to your house? - No.

Court to Lee. Did you mark the sack? - I took notice of it, that I can swear to it; there is a little f on it.

Should you know it from another sack of Mr. Field's? - I never saw another.

Mitchell. I can swear to the sack.

- LEWIS sworn.

I delivered 56 lb. weight of onion seed to Mr. Field's servant, on the 19th of February; it was in a hempen sack, marked with a small f about the middle of the sack; it is impossible to know the seed from other onion seed.

Jury. Could you know that sack from any other? - I do not know that I could.

I bought it this very day week, and gave six shillings for it in Red Lion-street, of a countryman in a brown frock, I took it to Mr. White's, and he untied the sack and chewed some of it; says he, it is not good for much, but I will give you seven shillings for it, he gave me four shillings for it in part of payment; he told me to come in the morning for three shillings more, and he told me to call on the Friday evening, between six and seven, and I should have another sack in the stead of it; I called and he stopped me.

GUILTY .

To be twice publicly whipped , and imprisoned one month in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840225-50

313. JOSEPH HEWITT was indicted for feloniously stealing, on the 15th day of January last, seven quartern loaves of wheaten bread, value 3 s. 6 d. and one other loaf of wheaten bread, value 3 d. the property of Ann Wright .

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840225-51

314. ELIZABETH ELLIS was indicted for feloniously stealing, on the 27th day of January last, twelve linen handkerchiefs, value 12 s. the property of Daniel Turner .

JOHN BADGER sworn.

I sold four dozen of handkerchiefs to Mr. Turner, in Newgate-street, parcel of them that were taken.

- CATCHPOLE sworn.

Here is one dozen of handkerchiefs; going down Ludgate-hill, between three and five in the afternoon, I saw the prisoner standing, I said, what have you got here; she said, nothing; and, upon looking, she had these handkerchiefs; (Produced) I said, where did you get them; she said, she bought them; I said, where; she said, in Cheapside; I asked her what shop; she said, she should not tell me; I said, if you do not I shall take the handkerchiefs and you into custody; she said, if you do, I will swear a robbery against you; after much altercation she went with me a little way up the hill, and I called a coach.

NATHANIEL LIVING sworn.

These are our handkerchiefs, they have our mark, they belong to Mr. Badger.

- RICHARDSON sworn.

I only know that we lost this quantity of handkerchiefs, on the 27th of January, they came in the 22d, I have the bill of parcels from Mess. Ashmore, Badger, and Keelings, Cheapside.

Do you know, of your own knowledge, how many the parcel contained? - No, only by the bill of parcels.

Had any been sold of that parcel? - None had been sold.

How do you know that? - Because in looking them over we found them all there, we keep a till book, I in general keep it, sometimes Mr. Turner keeps it.

Does not he sell in your absence? - He did not sell any.

How do you know that? - Because there is none in the book, we missed them the 28th, we missed eleven, we never missed them nor examined them till these handkerchiefs were brought to us by Catchpole, the parcel had been opened, and they were all put at the end of the counter, there were none sold because none were entered in the book.

What number remained? - I cannot recollect, now all the others were there.

How many are there? - I cannot recollect, it is here in the bill of parcels, what are there we had, I compared them the 28th, when the others were brought.

Is that the bill of parcels you examined them by? - No.

Where is that bill of parcels? - That is destroyed.

Who destroyed it? - Mr. Badger's people, it was returned there with fourteen handkerchiefs that we did not like, then we had a fresh bill of parcels of the remainder.

Were these handkerchiefs stolen before you returned the fourteen or after? - Before.

Therefore you parted with the original bill of parcels since these handkerchiefs came back? - Yes.

Court to Badger. What did you do with the bill of parcels that you got back? - I cannot say, I did not receive the handkerchiefs back myself, some people belonging to our house did, but who I cannot say.

Can you speak to the number you sold to Mr. Turner? - Yes, it was four dozen and ten of that number and mark; and two dozen of that number and mark were returned according to our book.

How many are there? - There are twelve of them, but they are marked for eleven.

Court. These are them that you sold to Mr. Turner? - On the 22d, I sold him four dozen and ten, they had this mark and number; as to being the identical handkerchiefs, I cannot say, two dozen of them were returned.

Court to Richardson. Have you brought your books here? - I have brought the till-book of what we sell in the course of the day.

But you cannot tell the number that remained? - No.

Jury. Did you examine the goods when they came in? - No.

Court to Jury. If the evidence amounted to this, that a certain number had been sold by Mr. Badger to Mr. Turner, and that all that number remained except these, and that no such parcel appeared to have been sold, that would be evidence to be left to your consideration, but there is no evidence that all the rest remained.

Jury. You are not sure you ever had such a quantity, you never examined them when they came into your house? - No, not till the 28th.

Court. We cannot supply the defects of evidence, it is the prosecutor's business to lay evidence before the Court.

The Prosecutor called on his recognizance, and not appearing, the Prisoners were ACQUITTED .

Reference Number: t17840225-53

316. JOHN SEAS was indicted for feloniously stealing, on the 16th day of January last, one cloth coat, called a box coat, value 3 l. the property of Samuel Hayes , Esq ; privily in his stable .

EDWARD JOFF sworn.

On the 16th of January I hung this coat in the stable of Mr. Hayes, I was then his coachman, and I went into the house to receive my wages, and when I went into the stable again, my coat was gone.

Court. Was the stable door locked? - It was fast, but there was a small door that came from the coach-house into the stable; this was between ten and twelve.

JOHN FINDLEY sworn.

I am a salesman, this prisoner came to my house with the coat on his back, on the 16th of January between one and two, and he asked me to buy it, I asked the price, he said fourteen shillings, I bid him ten shillings, the Monday following he came to my house with another coat on his back, I detained him: there were hand bills given out about the other coat, and I took it up to the Justice's; I am sure it was the prisoner.

(The coat deposed to.)

Court to Findley. How came you to buy such a coat as that for ten shillings? - Because

he told me he bought it of one of his fellow-servants, I have not been in business above three months.

Court. I advise you to be careful how you buy things in that way? - My Lord, as soon as I received that hand-bill, I carried up the coat.

DAVID LEWIS sworn.

My coal-shed is by the stable; it rained very hard, and the prisoner asked me to let him sit in my coal-shed: I could not see him take any thing, I am sure it is the prisoner.

PRISONER's DEFENCE.

I saw it by the side of the wall, and I picked it up, I saw nobody thereabouts.

Court to Jury. I think it is very doubtful whether the box coat, or any part of the clothes of the coachman, can be considered as any part of the proper furniture of the stable; which the Judges have generally held to be necessary, so as to have the protection of the strict law: now the bridles, saddles, horsecloths, boxcloths, &c. are the proper furniture; therefore I think you will be very well justified in acquitting the prisoner of that particular penal clause, which makes it a capital offence, that is, its being stolen privately in the stable.

GUILTY. Of stealing, but not privily .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-54

317. ELIZABETH WARREN was indicted for feloniously stealing, on the 15th day of January last, one muslin apron, value 3 s. one piece of muslin containing one yard and a quarter, value 6 s. two linen frocks, value 3 s. one silver tea spoon, value 1 s. 6 d. one linen handkerchief, value 1 s. one other linen handkerchief, value 6 d. and two linen caps, value 1 s. the property of James Dunbar .

JAMES DUNBAR sworn.

The prisoner lived servant with me about three weeks, she went off on the 25th of January, she left me without any notice; the things mentioned in the indictment were missed, at different times, before and after she went, the silver tea spoon was missed the day she went off, on the next day she was taken up and brought to my house by a friend of mine, and she confessed where the things were pawned.

Did you make her any promise of favor if she would confess? - Not on my own part; respecting the handkerchiefs, which she had taken up in my name, I told her, I should not hurt her for them, but I positively told her I would prosecute her for my own; this was before she told me any thing at all about it, and after that she told me where they were, she told me they were at Mr. Parker's the pawnbroker in Wood-street, he was bound over to appear, but he did not think fit to appear; she told me she had pledged the two child's caps there, one frock, and two handkerchiefs, and a piece of muslin, and the tea spoon we found in her hand, we went to Mr. Parker's, and found all the things there that she had mentioned.

RICHARD FINCH sworn.

I am the constable, I have had these things ever since, I saw these things at Mr. Parker's, he sent them to Guildhall.

(The things deposed to.)

PRISONER's DEFENCE.

I should not have done it, but I fell down, and a woman helped me up, and she asked me where I was going, and she told me if I would help her with any thing while I was in place, she would take care of me when I was out of place, and I pawned the things, and gave her the money.

GUILTY .

She was was humbly recommended to mercy by the Jury and the Prosecutor, being only fourteen years of age.

To be privately whipped and confined to hard labour six months in the House of Correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840225-55

318. HANNAH SNOW otherwise FRANKLIN was indicted for feloniously stealing, on the 10th day of February , in the dwelling house of Martha Sanders , widow , one pair of linen sheets, value 10 s. one linen handkerchief, value 1 s. eight guineas, value 8 l. 8 s. the property of the said Martha, and one promisory note commonly called a bank note, value 10 l. one other banknote, value 10 l. the said notes being the property of the said Martha, and the several sums of 10 l. and 10 l. respectively due and payable thereon, being then due and unsatisfied to the said Martha, against the form of the statute .

The Witnesses examined apart at the request of the Prisoner.

MARTHA SANDERS sworn.

Examined by Mr. Keys, Council for the Prosecution.

I live in Mortimer-street, Cavendish-square , the prisoner was my servant , she left me the 3d of February, after she had left my service, I missed on the 10th of February some money and bank notes.

How much money did you miss? - Two ten pound bank notes, and eight guineas in money, they were kept in my chest in the front parlour, I kept my bank notes in this box, (which I kept in my chest,) and in that box I kept my money, I took up the prisoner, I went to Litchfield-street office.

Court. When was the prisoner taken up? - The 10th of February.

Was there any thing found upon her? - Nothing at all.

Mr. Garrow, Prisoner's Council. The prisoner left your service on the 3d of February? - Yes.

You did not miss any thing till the 10th? - No.

Who had been in your service from the 2d to the 10th? - The servant that I have now.

So this was in a chest, the key of which you kept? - Kept it! No, Sir, it was in my drawers, and the key was left in my drawers, and she went and opened the drawers.

No, do not tell us what she did, you do not know any thing of that; can you venture to swear that from the 3d to the 10th, you never left the key of those drawers in the drawers, in the reach of your present servant? - The key was in the drawers.

Court. The key of your chest was kept in your drawers? - Yes.

Where was the key of the drawers kept? - In the drawers, I locked the front parlour, and left the key in the back parlour, till I missed the money.

WILLIAM BLACKETER sworn.

Mr. Keys. I believe you was employed on this occasion, to serve a warrant on the prisoner at the bar? - Yes, Mrs. Sanders came to the office to inform the people that she was robbed, that was the 10th of February, when she mentioned the name of the prisoner, Hannah Snow , I saw the prisoner at the office a day or two before.

What was she doing at the office? - She lodged a complaint against a man that lived with her, and said he had robbed her, and I told Mrs Sanders I knew the woman, and I knew where she lived; I went and took her up, and told her, she had robbed her mistress, she said, she had not, I searched her, and found nothing on her, but two or three shillings, I searched her lodgings and found a guinea and a half there, I found no bank notes there.

Did you find any thing that was claimed by Mrs. Sanders? - Nothing at all, so she told me, that she had ten pounds in her brother's hands, and she would give me that.

Mr. Garrow. What did you say to her before she told you that? - I told her, she had better tell where the notes were.

Then do not tell us any thing about it.

Court. Did you know any thing more, except what the prisoner and her brother told you? - No.

Mr. Keys. Did you go back to the prosecutor's house with the prisoner? - Yes.

Mr. Garrow. What if he did after this?

HENRY SNOW sworn.

Did you receive any money from the prisoner at the bar? - Yes, a fortnight last Tuesday or Wednesday, I believe, I am not sure which.

Court. Fix the time as near as you can? - I believe it was last Wednesday se'en-night.

Do you know when the young woman was taken up? - It was on the 10th.

Was it before or after that, that you received the money of her? - The Wednesday before, the money was fifteen guineas.

Where is the money now? - The constable has it.

It was given by you, I believe, to the constable, in the presence of the prisoner? - Yes.

Mr. Garrow. My Lord, if this was after what the constable has told us, your Lordship will not hear it.

When you gave this money to the constable, who was by at the time? - My wife and the prisoner were by.

Mr. Keys. The prisoner heard you say -

Mr. Garrow. No, no, do not let us hear any thing about what the prisoner heard him say.

Court. Let him give an account.

Mr. Keys. Give the Court a full account of what passed between the prisoner and you when she gave you the fifteen guineas? - The constable came and demanded it of me, the prisoner had given it me before.

At that time, what passed between you and her? - She informed me that she was going to be married, and she had got some money that she would put in my care, which was fifteen guineas.

Where did she get it, did she tell you? - No.

Did you ask her whether she had got any more? - No.

What more passed between you and her at the time she gave you the money? - There was nothing that I remember.

Nor nothing more passed between you and her at any time before she was taken up? - No; she had a relation that died in the country, which had a will lodged in Doctor's Commons, in the first place, I went down to see her, I went down to Chatham, I believe it is two years and a half ago, and John Franklin had some relations that had used him very ill; my sister, the prisoner at the bar, was afraid of losing some of her property, and she gave me twenty pounds, four shillings, and sixpence, which I brought away to London, and she had a misfortune by this laid John Franklin , and he was coming up to town to be married to the prisoner, but before that he left six guineas in the prisoner's possession; that is about two years and a half ago.

Court. How did she come by these fifteen guineas? - Here is the will, which is proof.

Mr. Garrow. He means to tell you, that this woman has had a child by Franklin.

DORCAS TUTHILL sworn.

I received that bundle from one Browning, he brought it to me, his sister lodges with me, her name is Straffer.

Mr. Keys. For what purpose was it brought to you?

Mr. Garrow. I must object to that.

Court You cannot ask that.

Mr. Keys. I will tell your Lordship.

Mr. Garrow. Now the evidence is to be given by Mr. Keys himself, to which I object.

Court. Who did you give it to? - I gave it to Susannah Straffer .

Was that bundle opened in your presence? - Yes.

What did it contain? - It contained a callico sheet, and a half of one, and a

How did it come into your hands again? - The constable gave it to me, he had it when he was at the justice's.

How long after you had given it to Straffer, was it before you saw it again? - Immediately, it was never out of my custody.

Are the things that are in it now, the same that were in it then? - Yes, I was with it at the justice's; it was out of my sight when the constable had it; I saw it given to Blacketer.

Blacketer. I have had it from that time to this.

When you gave that to Blacketer it contained the same things that it had when Browning gave it to you? - Yes.

Mr. Garrow to Mrs. Tuthill. I believe you have known the prisoner some time? - She lodged at my house.

There is some little money matter to be settled between you? - She lent me some money about two years ago.

Which is still unpaid? - Yes.

I believe she took the name of Franklin by your advice? - No.

She consulted you about it? - No.

Mr. Garrow to Snow. Did you know John Franklin ? - Yes.

He is dead? - Yes.

Did he make any will? - He did, I have seen the probate of it.

Do you know that she received any money, as the produce of the effects of Franklin from any body? - Yes, upwards of forty or fifty pounds.

When did Franklin die? - Two years and a half ago, about September.

Your sister had been in service at that time? - Yes, she was a year at this Mrs. Tuthill's house; I expected she had more money than that by her considerably.

Court to Snow. How much in fact do you know, of your own knowledge, the prisoner was ever possessed of? - She had forty pounds and upwards when she came away from Chatham, I know that myself, I sold all the things off myself, and I know she received the money; besides she received interest money at the Bank, and there is a house let for four guineas a year, and here is her wages still increasing, which she must in the whole have upwards of sixty pounds.

Court to Prosecutor. How long did this young woman live with you? - Four months?

At what wages? - Seven pounds a year.

Did you pay her her wages? - Yes, I paid her three months, and then a month that she gave me warning.

Court to Snow. This forty pounds that you speak of is two years ago? - Yes.

Perhaps you know the spending of that money as well as the taking of it? - I cannot tell what became of it.

Where has she lived from that time to this? - She was a twelve month with Mrs. Tuthill, in town all the time.

How long was it after she received the forty pounds, that she came to London? - In the course of three or four days, she had then her own private property of twenty pounds, or upwards; she remained at this Mrs. Tuthill's house, where I was a lodger, I believe she lodged there near a twelvemonth; I do not suppose it cost her one shilling a week, I found her every thing myself, except bread and lodging, then you may judge; two shillings a week at most.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-56

319. ELIZABETH BECKFORD was indicted for feloniously stealing, on the 19th day of January last, one quart pewter pot, value 1 s. and one pint pewter pot, value 6 d. the property of Thomas Alexander ; and MARY POWELL was indicted for feloniously receiving, on the same day and year, the same goods, knowing them to have been stolen.

On the 19th of January, Elizabeth Briggs , who buys her beer of me, and is one of the witnesses, came in with Elizabeth Beckford into my tap-room, about ten in the morning, and charged the prisoner Beckford with stealing a quart and a pint pot from her house, which were my property; the prisoner acknowledged to have taken a pint pot, and offered to leave her apron till she fetched it; she left it and went out, and I afterwards went to search a cellar occupied by the prisoner Powell, and there I found a good deal of pewter, about twelve pounds, melted down, I found no pots.

ELIZABETH BRIGGS sworn.

On the Saturday night, the 18th of January, Elizabeth Beckford came for a lodging to my house, a little before ten at night, and we were at supper, and had three pints of beer, and she sat near the table, and there was a quart pot and a pint pot on the table, and the quart pot was gone while I turned my head; the prisoner was gone into the yard; she had agreed for a lodging at my house that night, and when she went out I missed the quart pot; she returned in half an hour, contrary to my expectations; there were my brother, and a child, and a maid in the room; she took the pint, and went into the yard, and drew some water, and carried it up stairs. I said nothing to her that night, but the next morning I watched her, and about eight o'clock I saw her come down with the pint pot in her hand; I went to the house where I had heard her talk of disposing of these things.

And had you heard her talk of this? - Yes, they make a common talk of their business, they never make any secret.

And do you harbour such people? - She told me she had come out of gaol, and never intended to do any thing of the kind again; she had been a fine in Tothillfields, I followed and missed of her; I went into Short's Gardens, and she was not there, and she turned down an alley, and I stood in the street till I saw her; I saw her at the further end of the street, and when she saw me, she ran away, and we took her to the publican's house, and we went to that cellar, and there we found this pewter, and this skellet, but no pots.

Where do you live? - Close by St. Giles's workhouse.

You keep a common lodging house? - Yes.

Do you know the criminality and danger of the conduct you have described in yourself, in receiving and harbouring in your house, people that make a habit of stealing? - She never had laid in my house before, I have had several of them taken up in the neighbourhood, since I have lived there; I never would encourage such a thing.

Do you know that you are liable to be indicted as an accessary, for harbouring and receiving a selon? - We cannot be answerable for strangers that we do not know.

No, but you can for people that you do know; now, by your own account, you knew this woman to be a thief before? - Yes.

Only let me warn you, that the very account you have given yourself now, if it had been given by another witness, would have made you liable to have been convicted as an accessary, therefore, take warning. - My Lord, I detest them, I will take warning.

Whose pots were those you had? - Mr. Alexander's.

- sworn.

I am servant to Mr. Alexander, Mrs. Briggs brought a woman to my master, and my master sent me to watch where the woman went to, this was after she had left the apron; I watched her up one street, and down another street, till she went into a cellar in Bowl-yard, that was Mary Powell 's cellar; I followed her down the cellar, and the other gentlewoman, the mistress of the cellar, sat up in the bed, and she said she believed we were after them, but she thought she had lost us; they did not see me, the door was half shut; Powell said, if

any body came after her, she would say, she only came down there by chance.

Did any conversation pass about the pots between them? - I heard none; I fetched my master.

PRISONER BECKFORD'S DEFENCE.

I was at Tothill-fields for a little thing that happend in Covent-garden, I came out that day, I heard my boy was come from sea, and I came to the Minister at St. Giles's to get his register, and I came to this woman's about eight at night for a lodging; she never charged me with any pots; I asked her for something to carry up a drop of water in, and she gave me this pint pot; I left the pot where I found it, under the bedside, and the girl asked me for a drop of water out of it, and they went in and out of the room all night; there were nothing but poor creatures in the room, that were laying there, some of them naked; my witnesses were here on the Saturday; she never spoke of the quart pot at the justice's, only the pint pot.

Court to Jury. With respect to Mary Powell , though her offence, if there were circumstances to prove it, is by far the most aggravated of the two, and this metal, and this prisoner Beckford being found in her cellar, are strong circumstances that she is concerned in this unlawful business, yet there is certainly no evidence before us of these two pots being found in this cellar.

ELIZABETH BECKFORD , MARY POWELL ,

NOT GUILTY .

Court to Mary Powell . With respect to you, I think it right to apprize you of the consequences of this business, which you plainly appear to carry on; and however small it may seem to you, it is of such a nature in the eye of the law, that if you had been convicted, you would have been transported for fourteen years.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-57

320. DAVID BARTLET was indicted for feloniously stealing, on the 27th day of November last, one cotton counterpane, value 5 s. one woollen blanket, value 4 s. and one bolster, value 2 s. the property of Ann Watson , the same things being in a certain lodging room, in the dwelling house of the said Ann, let by contract by her to him, to be used with the said lodging, against the form of the statute .

ANN WATSON sworn.

I am a single woman , I keep a house in Archer-street, at the top of the Haymarket , and did so on the 27th of November last; I know the prisoner, he lodged in my house in a ready-furnished lodging, he had lodged a year and a half in my house; I lost the things mentioned in the indictment, I saw them before the magistrate.

(The things produced and deposed to.)

GEORGE WATSON sworn.

I am son to the prosecutrix, my wife and me lodged in this room before the prisoner took it; I was present when he took it; those things were there then; the prisoner was to pay 3 s. 6 d. a week, and paid very well till the latter part of the time, and he said when he could pay and get into work he would; I know all these things.

Court. Do you know the prisoner? - Yes, I always reckoned him a very honest man.

JOHN LIGHTFOOT sworn.

I am servant to Mr. Payne, a pawnbroker, in Wardour-street; the prisoner brought a white cotton counterpane for nine shillings, there is a mark of my own making on it; on the 5th of November he brought me a blanket for two shillings, and the 27th of November, a bolster for two shillings, I marked them both, I have often seen the man.

Court. You have vast numbers of people come to your shop? - Yes.

Can you safely swear it was the prisoner that brought these things? - That I can safely do, I have seen him very often; the things have been in possession of the prosecutrix for a week past; Mrs. Watson's son fetched them from our shop.

Watson. They have been in my custody till last night, the sheriffs porter locked them up last night in the room.

JOHN HARPER sworn.

Court. Did Watson give you any thing to take care of? - Yes, something of a blanket and a counterpane.

Was there any thing else? - I did not see the inside.

Did you lock it up immediately? - Yes.

Is that the same bundle? - Yes.

PRISONER's DEFENCE.

I did it through necessity.

GUILTY .

Mr. Watson. I hope you will not pass a heavy sentence upon him, he has a wife and three small children.

Jury. My Lord, we wish to recommend him too, he appears to have been in distress.

Court to Prisoner. In consideration of your distressed condition, and as the Court are informed that you are in a very bad state of health, and have been some time in gaol, the sentence of the Court is,

"That you be privately whipped and discharged."

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-58

321. JOHN STEVENS was indicted for feloniously stealing, on the 27th day of January last, one cloth coat, value 20 s. and one silk waistcoat, value 10 s. the property of John Law .

The witnesses examined apart at the request of Mr. Garrow, the prisoner's Council.

JOHN LAW sworn.

On the 27th of January, I lost a coat and a waistcoat, I left the coat in care of Mrs. Underhill, I have seen it since and the waistcoat; I know the prisoner, I saw him at his mother's house at Stepney.

(Produced.)

Mr. Garrow. I believe Mr. Stevens lives at the World's-end? - Yes.

What World's-end ? - At Stepney .

Does he lodge in the house of Mrs. Underhill? - No, he lodges along with his mother.

Has not Mrs. Underhill an apartment there? - Yes.

Do you owe the prisoner any money? - No.

Never did? - No.

Court. Where do you live? - About thirty yards from the same house, I am a shipwright .

SARAH UNDERHILL sworn.

I have lived at Stepney ever since last June, in the house where the prisoner lives, this coat and waistcoat were left in my charge by Mr. Law, on Christmas day, or the day after; it was a light coloured coat, and a purple silk waistcoat, and the coat was lined in the fore part with silk of another colour; I never missed them till the man was taken up, the prosecutor never applied to me for them.

Mr. Garrow. Mrs. Underhill, pray what may you be? - Why a woman, I believe.

You are no trade? - No.

You carry on no business? - No.

Are you a married woman, or a single woman? - Married.

Then your husband perhaps is something else besides a man, what is he? - A caulker.

What is Mr. Law? - He is a carpenter, and goes to sea.

Is not he a sailor? - A carpenter .

Are not these very fine clothes for a carpenter, very fine things with silk linings? - I do not know, they were given to me to put by.

You are quite sure as to them? - Quite sure.

How lately had you seen them before the prisoner was taken up? - I had not seen them a great while before, I put them in the chest, not locked, but my door was always locked, and I always found it locked.

Some little money matters between you and them? - No; I was always in the room.

What always sitting watching this coat and waistcoat? - No.

Court. Does your husband live with you now? - To be sure, he never lived from me.

Have you two keys? - Only one key between us; I have six rooms, I have no servant, the prisoner, his mother, sister, and me, live in the house, his mother keeps no lodging house.

Mr. Garrow. You have by much the largest part of this house? - I have six rooms.

Do you occupy six rooms; - Yes, I could not get a licence, because it was reported it was such a bad house; it is not a public house now.

Was it licensed before? - Yes, for many years.

But when you and your husband, people of the first morality and virtue, went there, you could not get a licence? - Upon the account of the people that lives in it, the justices would not licence it.

WILLIAM ELLEY sworn.

I am headborough of St. Paul's, Shadwell, I apprehended the prisoner, and found a duplicate on him that he sadly wanted to keep from me, it is a duplicate of a coat and waistcoat; I went with the prosecutor to the pawnbroker's, the prisoner said the coat and waistcoat were his own, and desired me to give him the duplicate back again; I saw at the pawnbroker's a light coloured coat, with a silk lining, or something of that sort, I believe it was silk; the things were produced before Justice Green, and the prosecutor swore to them.

Mr. Garrow. Where did you apprehend the prisoner? - At his mother's, at his lodgings, where these things were taken out.

Why, you are a very ready witness, how do you know where they were taken out; why it was only last Tuesday you was informed of this? - I do not know what you want me to say.

I asked you a plain question, I only wanted an answer to it; you went to the pawnbroker's? - I found the duplicate in the prisoner's purse.

Yes, and you took the purse? - Yes.

When you took the purse out, the man wanted his duplicate back again? - Yes.

He liked it a good deal better in his own hands than in your's? - Yes.

How far is it to the justice's? - A mile.

How did you go there? - Upon my legs.

What is Law? - I have seen him two or three times this session.

WILLIAM HARPER sworn.

I live at Mr. Birne's a pawnbroker, that duplicate is my hand writing, on the 27th of January, the prisoner brought the clothes to me.

Court. Had you ever seen the man before that brought them? - Not to my knowledge.

You have a great many people I dare say come to you in the course of business? - Yes.

I wish you would look at the prisoner, and tell the Jury whether you are satisfied that he is the man? - I am quite clear, I have no doubt about it, I saw him since at the Justice's.

(The coat and waistcoat produced.)

Mr. Garrow. How many more gentlemen of your description does Mr. Birne retain? - His son and a boy.

After you had this coat and waistcoat in, what did you do with it? - It was put in the warehouse, I billed it and booked it.

Will you swear you put it into the warehouse? - I will not.

Then I am right in supposing that for ought you know you left it on the counter? - Perhaps I might.

Perhaps then it might have been removed by somebody in the house? - Yes.

The duplicate itself contains no description of the coat or waistcoat? - It does not.

By what do you affect to identify the prisoner? - When he came I objected to taking

them, I thought the coat too fine with a silk ining, I asked him whose coat and waistcoat it was, he said it was his own, he said, he was a bricklayer by trade, and had been out of work some time, and if I doubted it, he would try them on, but they appeared to be his size; and I knew him again at the Justice's.

My question is, by what do you pretend to swear that that is the man that gave you the coat and waistcoat? -By his being some time in the shop, and my saying these things to him; we have a vast number of people.

What size is your shop? - Rather a large shop and a pretty large window.

And something hung up in it that obscures it a little? - Yes.

Is your shop cupboarded off n the old style? - You mean those places that people come in that do not chuse to be exposed.

Yes, how many of those places have you? - Three.

Did the prisoner come into one of those places? - Yes, but there was light enough, I suppose he was in the shop ten minutes.

Do not suppose, but swear something about it, will you swear he was there five minutes? - Yes.

Will you swear to ten? - No.

You never saw the man before in the whole course of your life? - Not to my knowledge.

And you first saw him afterwards at the Justice's in the character of a felon, charged with this offence, and were told a duplicate had been found upon him? - I immediately recollected the prisoner.

If you had met that man in Fleet-market on the day you saw him at the Justice's, should you have known him? - I should have recollected he was one of my customers.

Court. The moment they applied for these things did you immediately fetch this coat and waistcoat? - I sent the boy for them.

Did you at that time recollect that these were the things that were pawned by the prisoner? - I did not then immediately.

Mr. Garrow. You do not universally give duplicates? - No.

They pay you for them? - Yes.

Do people that pledge things that are stolen take duplicates? - Sometimes.

PRISONER's DEFENCE.

Yesterday was eight weeks, I was coming from Wapping New-stairs, and coming through Sun Tavern Fields, about seven o'clock across Farmer Cole's Fields, the cow-keeper, there was a man and a woman together, and they had each of them a heavy bundle, they walked forward, and just as I got through the post, I kicked my foot against this bundle, there was a large blanket, a coat and waistcoat, and a pair of stockings in it, which I brought home with me, my witnesses did not expect my trial being on.

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-59

322. TIMOTHY HURLEY and THOMAS SCANDLIN were indicted for feloniously stealing, on the 2d day of February , one iron pot, value 5 s. the property of Peter Masters , Esq .

TIMOTHY HURLEY , NOT GUILTY .

THOMAS SCANDLIN , GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-60

323. JAMES BIGNELL was indicted for feloniously stealing, on the 13th of January last, one wicker basket, value 5 s. five quartern loaves of wheaten bread, value 3 s. three threepenny loaves, value 9 d. and two twopenny loaves, value 4 d. the property of Alexander Dawer .

SAMUEL REEVES sworn.

I am a victualler, I keep the King's Arms in Castle-street, Long Acre, on January the 16th, in the morning about eleven o'clock, the prisoner came in my house,

I never saw him before, but I am sure he is the man, he had in his arms, three quartern loaves, three threepenny, and two twopenny; he called for a penny-worth of purl, and paid for it, and he asked me if I would be kind enough to take care of that bread, till he fetched his basket, and I told him I would; in about an hour after, the prosecutor came in, and I heard him say to my wife, my man has lost his basket and all his bread, she told him a man had left some bread there, and he looked at it, and said, it was all his, I saw his name on one of the loaves; in the evening the prisoner came again, he said, he came honestly by it, a man gave it him; the prosecutor being a constable took him in possession.

Prosecutor. I took the bread, and brought it before a Magistrate, and he told me to save a loaf, I did so, but it all went to pieces in the handkerchief.

Court. At the time you went back to this publican, you examined the loaves? - I did, and they were all my property.

THOMAS DUNCOMB sworn.

I am a baker , and was servant to the prosecutor in January last, I pitched my basket in Middle-row , and went to a customer's, and when I returned it was gone, there were five quartern loaves, three threepenny, and two twopenny; this was a little before eleven o'clock, I saw them at night at Mr. Reeves's, my master's mark was on the loaves, I found the basket empty, within six doors of Mr. Reeves's, at half past eleven.

PRISONER's DEFENCE.

I lodge at the Brown Bear in Grafton-street, a young man came by my door with a basket of bread, I asked him for a place, and he bid me lend him a hand, he pitched his basket at the top of Grafton-street, under the cheesemonger's shop; he gave me five quartern, three threepenny, and two twopenny loaves into my arms, and came down Great Earl-street, and he bad me go into a house and leave them, and get a pennyworth of purl, I did so, and I went into Covent Garden with him, and came back again, I went to five or six houses, and he sent me to the Brown Bear again, and he said, he would come to me, I went there, and I thought he would fetch the bread himself.

325. JOHN BAYLIS was indicted for feloniously stealing, on the 29th of January last, three silver bridges for shoe buckles, value 1 s. and half an ounce of silver, value 2 s. the property of Thomas Lowndes and Edward Lycett .

The Witnesses examined apart at the request of the Prisoner.

EDWARD LYCETT sworn.

On the 24th of January, me and my partner counted over our stock, and we found a considerable deficiency in our silver stock; I believe it was to the amount of forty or fifty pounds, it was in silver filing and bridges, it was unwrought silver, and I knew it was impossible to swear to it, unless it was marked; I asked the caster if he could make an incision in the sand, so that the bridges should come out with a particular mark, that we could swear to it; on the Wednesday evening I fetched home 21 bridges marked, and four which we had

already in the shop, I marked them myself with a vice, squeezed them in a vice, this was after the men had left work, and I took a board off the stairs, that I could look into the shop undiscovered by them; the next morning, I was watching on the stairs, I was about three yards from the prisoner, he had worked for me about three months, I had the evening before taken the work down into the kitchen, for the first man that came to work, and about half past six in the morning, I was looking through this place, and I saw the prisoner forging down the bridges, in order to make two out of one, I then saw him put something into his pocket, and take notice that the other men did not see him, and then he began to work again; that furnished me with suspicion that he had something more than he ought to have, I stopped there till a little after seven, and came up into the shop, the prisoner said there are not bridges enough for the buckles, and I have forged them down to make them do; I found there were six bridges forged in order to make twelve of, and he told me so; I examined the buckles that had bridges gone, to know how many bridges there really were in the shop, and I found four bridges upon two buckles, and there were two other bridges more forged down but not cut through, and there were eleven others; then I found there were two missing out of the twenty-five, I reckoned the bridges in their original state, I then counted them over and over myself, I wished to ring the men down one by one, when the prisoner came down, he put on his hat and was going strait to the door, I run out of the parlour to him, and stopped him at the door, and told him I wanted to speak to him, he seemed a good deal confused, and told me he was going over to the Horse-shoe, a public-house, and said he would come back directly; I brought him from the door to the kitchen, and he came with very much reluctance, I told him we had been robbed, and I was determined to search them all, he said I was in the right of it, he then run up stairs, I followed him up eight or nine stairs, I caught hold of him by the coat, and insisted upon his coming down stairs, and he came down with me after some hesitation, he attempted to go towards the door, I put my hand into his pocket, and he put his own hand in and pulled out two bridges, and six pieces of silver bridges, which are of no use but to the melting-pot; I then gave charge of him, he seemed very desirous that morning of going out, and I insisted on all the men going into the shop, after we went to the Justices, Baylis went out of the shop against my desire, a person who lived in the house went to Baylis's house, and found some silver, which I could not swear to.

What quantity? - I have the quantity with me, I have not weighed it, it may be seven or eight ounces.

Mr. Garrow, Council for the Prisoner. It was a part of the business of the man at the bar to put on the bridges of the buckles? - Certainly, among the rest.

There were several other men who worked in the same place with him? - Yes.

Now is it by any means unusual to put them in their pockets? - They have no business to put them in their pockets.

This man was going to get his breakfast? - Yes, he said he was, it was not nine o'clock, he had his coat on, and his hat on, his great coat was in the shop.

You cannot swear to the small pieces of silver? - No.

Did you find any plate at his apartments? - No.

Describe the situation in which this peep-hole was, that you watched the prisoner through? - At the top of the stairs, there had been a door, there was only a wainscot that parted the shop from the stairs, I took down a board.

I should suppose that the window of the work-shop faced the peep-hole? - Yes.

The man was between you and the window? - Yes.

I suppose the men worked with their faces to the light? - Yes.

Consequently the men were between you and the window, now I want to know whether you can see through a man, that

is my short question, because this man was standing with his back to you? - He did, but not when he put the bridges in his pocket.

When he was forging them down he stood with his back to you? - Yes.

He told you after, that for the purpose of multiplying bridges he had forged them down? - He did.

Then he would be to account for so many as he had multiplyed them into? - Certainly, but no man does account.

You had no reason before to doubt of his being an honest man? - No, only my general suspicion of all my shop.

You said your defect consisted chiefly of filings? - Of filings and bridges.

JAMES TERRY sworn.

I know nothing more of this matter than making the bridges.

ROBERT MULCASTER sworn.

I searched the left-hand breeches pocket of the prisoner, and found nothing but money, I felt his waistcoat pockets, and found they were worn out, and could hold nothing, I came to his right-hand breeches pocket, and was going to put my hand in, he pushed my hand away, stop says he, and he put his hand into his pocket, and pulled out the silver, and gave it into my hands.

How many bridges are there? - There is two bridges no way deficient, there is another bridge that is hammered and doubled to.

Did he say any thing? - I searched him in every other pocket, and Mr. Lycett then said, give them into my charge, and the man said, he did not intend to take them away.

Did you search his lodgings? - No.

Court. Of what use are the other pieces of silver? - Of no use but to work.

Prosecutor. The prisoner asked to speak with me in the parlour and he told me.

Court. Did you say any thing to him before he spoke to you? - No. I had given charge of him, and was going up stairs.

When you went into the parlour, did you speak to him first? - No, he spoke to me, he said it was the first time, and he hoped I would have mercy on him, I turned away from him.

Mr. Garrow. I believe you attended afterwards at the Rotation Office in Clerkenwell Green? - Yes.

Did you tell the justice there what had passed in the parlour? - I believe I did; this bridge is one of them that Mr. Terry marked; this is one that I marked. (The bridge deposed to).

Recollect a little, because it is of some consequence to the defendant, whether you told the justice what had passed in the parlour? - I cannot be sure whether I did or not.

Aye, but you must endeavour to recollect yourself, because you know it is a subsequent fact to that? - I cannot charge my memory whether I did or did not; I mentioned it before Sir Sampson Wright at Bow-street.

Did you mention it at Clerkenwell-green? - If I did not, my partner did.

What he was spokesman? - Any body was spokesman, we were insulted in the face of the Court.

Cannot you tell me, yea or no, that you did say so? - I cannot charge my memory.

Will you swear you did not? - No, by no means, nor I cannot swear that I did.

In consequence of the examination that took place at the Rotation Office, this man was discharged? - He was.

And afterwards he was taken up by a new warrant and carried to Bow-street? - Yes.

There you told the story of the parlour? - Yes.

Be so good to recollect exactly, and state it in words, what passed between him and you in the parlour? - He said, I wish to speak to my master; I came down stairs, and went with him to the parlour, and he said it is the first time, I hope you will have compassion or mercy; I turned round from him.

Had not you at that time said, compassion! why you have stole my plate? - I need not tell him that.

Had you told him that he had stole it? - No.

Then this expression might mean this, have compassion on my character, perhaps he meant that? - I told the men that we had been robbed to a very considerable amount, and that it must be some men in the shop; he did not tell me then that he had any silver in his pocket.

The prisoner called three witnesses, who gave him a very good character.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-63

326. WILLIAM WADE was indicted for that he, on the 15th day of January last, and continually afterwards to the 24th of the said month, at the parish of St. John the Evangelist, Westminster , having, during all the time aforesaid there, the custody, care and management of one Constance Frost his apprentice , feloniously, wilfully, and of his malice aforethought, did neglect and refuse to allow and give, or permit and suffer to be allowed and given to the said Constance, sufficient food, drink and necessaries to support her life, he having her care, custody and management as his apprentice as aforesaid, and also that he the said William on the said 20th day of January, and to the 24th of the said month, feloniously, wilfully, and of his malice aforethought, did neglect and refuse to provide, allow, and give or permit, and suffer to be provided, allowed, and given proper wholesome and convenient lodging for the said Constance Frost , but that he on the night of the said 20th of January, and to the 24th of the said month, feloniously, wilfully, and of his malice aforethought, did force and compel the said Constance Frost , to be and remain in a damp and wet cellar belonging to his dwelling house, without necessary and convenient bed, bedding, cloathing and covering, and without allowing her the said Constance, sufficient food and necessaries as aforesaid; and that she the said Constance being so compelled by the said William Wade to be and remain in such damp and wet cellar as aforesaid, on the said 20th of January, became mortally sick and diseased in her body, and she the said Constance, from the said 20th of January to the 24th of the said month, did languish, and languishing did live, and on the said 24th day of January, she the said Constance Frost , by such neglect and refusal of the said William Wade , to allow and give her sufficient maintenance to support her life, and also by being forced and compelled by the said William Wade to be and remain in the said damp and wet cellar without proper and necessary bed, bedding, cloathing and covering as aforesaid, did miserably perish and die; and that he the said William Wade , feloniously, wilfully, and of his malice aforethought, her the said Constance Frost did kill and murder .

The said William Wade was also charged on the coroner's inquisition, with the wilful murder of the said Constance Frost .

THOMAS LAMBERT sworn.

I only attend as an officer of the parish. I was bound over by the coroner.

JOHN VAUGHAN sworn.

I am a lodger in the prisoner's house.

Court. Did you lodge there in the month of January last? - Yes.

Did you know the prisoner's apprentice girl, Constance Frost ? - Very well.

When did she die? - On Saturday the 24th of January.

When did you know of her death? - I knew that morning, I was the person that first saw her.

Where did you see her? - I saw her in the cellar, she had tambled out of the bed in a fit I imagine.

Do not tell us what you imagine, but describe the situation in which you first saw her? - When I first saw her she was on her

knees, seemingly as if she had tumbled out of bed, with her under petticoat on.

What time of the morning was it? - About ten.

Was she leaning against any thing? - Her head might be against the wall, for ought I know; she was almost upon her face, her head either rested against the wall, or against something that was near the wall.

How came you to go into the cellar? - Her mistress desired me to go down, she had called her, and she did not answer, only said, Hah!

Do you know whether Mrs. Wade had been down or not? - I do not know, I rather believe not.

You do not know with certainty? - I do not.

Was the prisoner at home? - No.

When you saw her in that posture, did you speak to her, or go up to her? - I called to her, but she did not answer, and I lifted her upon the bed, and put a blanket over her.

In what situation did she appear to you to be in when you lifted her upon the bed? - When I lifted her upon the bed, I thought she had been quite dead, but as soon as I lifted her up, she fetched a sigh; I put a blanket over her.

Go on, and relate what you saw and what passed? - Then I was sent immediately for a doctor.

Who sent you? - Mr. Gaunt, the parish officer.

How came he there? - He came in just at the time, I had not been in I suppose a minute before he came.

Did you bring a doctor? - I went to the doctor's house, and he said he would come immediately, and he did come in a few minutes.

What was his name? - I think his name was Davis; I do not recollect his name.

Where does he live? - In Parliament-street, I think it is; he came, as I was informed, I do not recollect seeing him.

What sort of a cellar was this? - A brick cellar, the bottom was done with bricks, it is a brick floor.

What doors or windows has it? - One window and a door.

What sort of a window? - A window fronting the street.

But what sort of a window is it? - I believe it is a kind of flap to put down.

Not a glazed window? - No, not a glazed window, it shuts down close with a flap.

Have you observed it? - Yes, I have observed it.

Was the floor of the cellar wet or dry? - It was wet, there was water in the cellar, which came in, I believe, at the spring tide.

Where is Mr. Wade's house? - In Tufton-street, Westminster , there was water in the cellar then, and there was water on the far side, there was a very little water near the bed.

Was there a bed in the cellar? - There was a bed in the cellar that she laid on.

How long had you lodged in this house? - About four or five days, I believe.

Had the deceased laid in the cellar during that time? - I believe she did, I do not know perfectly.

Was that bed laid on the floor, or on any bedstead? - It was laid on two rabbit hutches.

What sort of things are those, describe them? - They are square things, like packing cases or boxes.

The remainder of this Trial in the next Part, which will be published in a few Days.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 25th of FEBRUARY, 1784, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of William Wade .

How far was it raised from the floor? - Between two and three feet.

What bedding was there on the bed? - There were two blankets, and I believe a sheet or coverlid, it was something white, I believe it was a quilt.

You say you put a blanket over her when you laid her on the bed? - I did.

Did you observe whether that blanket was wet or dry? - No, I did not at all observe that in my fright, I cannot pretend to say whether it was wet or dry.

You had been four or five days in this house before? - Yes.

Did you observe in what manner the prisoner behaved to this girl, or how she was treated in the family? - I never saw him treat her ill, the prisoner lodged at my house three months before he came to that house, and he had the apprentice then; he had left his shop that he lived in, and came to my house till he got another house.

In what manner was the deceased treated in the family? - I never observed but what she was treated very well, during the time she was at my house.

But during the time preceeding her death, that you lived in the prisoner's house, in what manner was she treated in the family? - I did not see any alteration, she seemed as usual.

Speak at once, Sir, - I do not know that she was treated ill at all, she was treated very well for ought I know.

You never observed any ill treatment? - I never observed any ill treatment; I met her the evening before in the passage, in the dusk of the evening, carrying a pail of water, but I do not know that I saw her after that evening.

Did you observe any thing particular then? - No, nothing particular, she seemed to me as usual.

In what manner was she fed in the family? - That I cannot pretend to say.

Did you board in the house? - No, I did not, I had a wife and family who lodged there too.

Were you usually at home at meal times? Yes.

Do you know whether this girl lived with the family, with Wade and his wife, or how she was victualled? - Why with Wade and his wife.

Have you ever seen her victualled with them? - Yes, at the other house I have.

During the time she was with Wade this last four or five days, I confine myself to? - I do not recollect whether I did or no.

Where you at home at meal times? - Yes, at home I was, but I had no business in their apartments.

Did you happen to observe them during these few days or not? - I do not recollect I did.

What appearance had this girl for three or four days preceding the time of her death? - I did not see any thing particular the matter with her, she looked fresh and well in the face as she always did.

Did she look reduced in flesh? - I did not observe she did.

Did she then look fresh and well in the face? - She did.

Now you saw the cellar, and the bed and bedding, as you have described it to us, from the appearance of it to you, taking all together, the cellar, the bed and bedding, did it seem to you as a fit place for any body to sleep in? - The bed was fit enough, but I do not say the cellar was a fit place for any body to sleep in, because of the water coming in.

Did you ever hear the deceased complain of any ill treatment, or of any want of necessaries? - No, never.

Mr. Sylvester, Prisoner's Council. This bed where she lay was three feet from the floor? - Yes.

If I understand right, this is a brick floor, and uneven? - I do not think it is even.

Were these hutches where the floor was dry? - I do not know, but there was not much water there.

Was that the driest part of the cellar? - Of the cellar it was.

And this girl had never complained? - No.

After the officers had been there, you, I believe, told the prisoner that you had heard them say, that he would be taken up for it, what did he say? - I told him of it.

Did he go off? - He went off about his business, but he said he should not run away, for he had done nothing.

Did you see the body afterwards? - Yes.

Was there any marks of violence?

Court. There are no marks of violence charged in this indictment at all, the marks of violence are wholly out of the question; it is charged in the indictment, that intending to starve and kill the deceased, the prisoner did feloniously, and so on, neglect and refuse to allow and give, or permit and suffer to be allowed and given, to the said Constance, sufficient food, drink, and necessaries, to support her life; and did also neglect to provide and furnish, or permit and suffer to be provided and furnished, proper and wholesome lodging for the said Constance, but did force and compel her to be and remain in a damp and wet cellar, belonging to his said dwelling house, without proper and necessary bed and bedding, by means of which she languished and died.

Mr. Sylvester. Had she at all the appearance of a person being starved? - Not in the least in her face.

Now, as to the bed, there was sufficient bed and bedding? - There was for any person to lay in.

The evening before, you saw her with a pail of water? - Yes, in the dusk of the evening, I met her in the passage.

Did you observe any weakness then, particularly? - No, I did not observe any thing, she was about her work as usual.

Jury. As you had a family in the house, what part of the house had you? - The one pair of stairs only.

No part of the kitchen? - No, I had nothing to do with it.

Court. What family had Wade? - A wife and two children.

Had he any lodgers but you? - Yes, a man and his wife lodged in the garret.

What rooms did the house consist of? - Only one room on each floor, two stories high; the ground floor consisted of the kitchen, then the parlour, then the one pair of stairs, then the two pair of stairs; the

Who slept in the two pair of stairs? - The other lodgers, a man and his wife, that was the garret.

Mr. Sylvester. You mean by the ground floor, the bottom floor where the girl lay? - Yes.

The next floor is where Wade and his wife lay? - Yes.

Court. Is not the kitchen and the parlour level with the street? - The kitchen is not level with the street, the parlour is level with the street, it is under that.

Where is the cellar? - It is the same.

Do they cook their victuals in the cellar? - They do not cook their victuals there, it is a cellar or kitchen.

What was there on the ground floor? - That cellar was on the ground floor.

Is not it under ground? - Yes.

Then why do you say it is upon the ground? - There must be ground below it.

Do you think that a proper answer to give in a Court of Justice; do not you understand that that floor which is level with the ground, is called the ground floor, and that which is under ground is called the under ground floor. - The parlour is what I call the ground floor.

Did Wade and his wife lay, and cook their victuals in the parlour? - Yes.

JOHN GAUNT sworn.

I am the ordinary overseer of the parish of St. Margaret's and St. John's, they are united parishes.

Court. Do you know any fact that has any connection with the subject of this charge, previous to the Saturday morning when you went to the house of Mr. Wade? - On the Thursday before, which is the 22d of January I was at the workhouse board, which we have in the parish every Thursday, and William Wade came to the board with a complaint, that Constance Frost had spoiled two beds, and requested we would take the girl back, and exchange her for another; the board thought it rather an extraordinary request as well as myself, and they desired me to call and see the girl, in consequence of which, I called on the Saturday morning following.

Was Wade himself at home? - No.

Who did you see when you came there? - Mrs. Wade; I went, as it is a custom with me, generally of a Saturday, to go amongst the poor of the parish; accordingly, I appointed that morning to call, as the board desired me to call any morning between that and the Thursday following to report it; I knocked at the door, and Mrs. Wade came to the door; I asked if Mr. Wade was at home; she replied, no; says I, have not you a girl of the name of Constance Frost , your apprentice; yes, she said; says I, can I see her, where is she; in the cellar says she; says I, will you be so good to call her up and let me see her; yes, says she, but I believe she is not well.

Court. The prisoner not being at home, we cannot take what his wife said as evidence; but in consequence of this conversation, did you go down into the cellar? - I did.

Who did you find there? - Before I got down to the bottom of the cellar, I saw a person, which was Vaughan, with a candle in his hand, looking at the girl.

In what situation was the girl at that time? - She was upon these rabbet hutches, I believe, but I am not sure.

What sort of things are the rabbet hutches? - I do not exactly know, they have been two old package boxes, or something of that kind; when I got down to the bottom of the stairs, Mr. Vaughan said, I believe the girl is dead; then I went to the bottom of the stairs, and I looked at her, says I, Good God! surely not; I suppose he and I stood about a minute, he with the candle in his hand, and the girl fetched a sigh; I said to Mr. Vaughan, go up stairs, and go for a doctor immediately; I wrote a note to Mr. Churchill, who is our apothecary,

"for there is a child dying." I went out of the house to see for Wade, I sent Vaughan off as I could, and asked Mrs. Wade where Wade was, if I could see him; she told me he was then in Tothill-street, baking his gingerbread; I called and asked if there was no woman to be got to take this girl up stairs; I desired her to take a dry blanket off the bed that was in the parlour, and carry it down stairs.

What convenience was there for the girl to lay on? - I believe there was a bed and two blankets; these blankets were very damp and wet, I apprehend either from the girl herself, or from laying some part of them on the ground.

Were they all damp and wet? - I felt the part that was just by the bedside, and that I suppose had got wet from the ground.

Did you observe whether there was any sheet or coverlid, or any thing of that sort? - Upon my word, I did not.

Did any physical man come? - this was all in I suppose two minutes; I asked, have you got no lodger to assist to get the girl up stairs to bed, that was in the floor they slept in, I called out, and at last a woman came down, and I told her to get some assistance and get the girl up stairs, which she did, in the mean time I went to see for Wade where I heard he was baking, I came there, he was not in the place, I ran immediately to the churchwarden, and desired him to come and look at the girl, before I returned they had got the girl up.

The girl did not recover? - No; before I returned Mr. Jones had been there, and she was dead.

When did you first see Wade? - He came home in the mean time, when I came back with the churchwarden, there was an inquisition called, and he remained at home, he was taken up in the evening.

Did you observe the cellar in which this girl lay? - I did.

From the observation that you made of it, and your own view of it, and the situation in which you found it, did it appear a proper place for any body to lay in? - I did not think so.

Mr. Peate, another of Prisoner's Council. You found no obstruction in going down? - No.

Not in the least? - No.

Did you take any observation of the bed? - The bed seemed very wet.

Was it a tolerable one of the kind? - Had it been in a proper place I presume the bed was pretty well for an apprentice.

Wade remained at home all day? - I do not know, he was found at home.

Had you received any complaint from the child in any part of the time of her having been with the prisoner? - No, Sir.

Not at any time? - No.

How long had she been disposed of by the parish to the prisoner? - From the 20th of June.

Are her parents alive? - I do not know.

You never received any complaint from her, or from any person on her behalf? - No.

THOMAS CHILD sworn.

Do you know any thing respecting this matter? - I have seen this child crying very much in the back yard, and Mr. Wade has been with her in the yard at the same time, and at different times.

What did she cry for? - I do not know.

Did you hear any complaint of want, or proper necessaries? - No, I have heard him tell her in this bitter severe weather, when he has been in the yard with her, that she should not come to the fire all the day.

You have heard Wade say so? - Yes, I have.

What during all that severe weather? - Yes.

Mr. Sylvester. You lodge in the garret? - Yes.

You did not board with the family? - No.

How long did you lodge in the house? - Between five and six days I believe.

How long has Wade been there? - About three weeks or a month.

During the time that he was there, did you ever observe at meal times, whether the

apprentice dined with the family, or how she was victualled? - No, I generally went out about my business in the morning.

SARAH MATHEWS sworn.

I went to the chandler's shop, and a woman came in, and asked for somebody to help her to move the child, and I went in, and she lighted a candle, and I said what is that for, and she lifted up the things, and the child lay dead, with her head back, and her eyes open, and her mouth open. I immediately went up to Mrs. Wade, and told her I thought she was a brute, to put any creature there, I thought it was not a fit place for any body to lay in.

Court to Vaughan. How long had the poor child laid in the cellar? - I do not know how many days, three or four days, not above four or five nights.

Jury. The Jury wish to know, as she had laid but a few nights in the cellar, where she had laid before? - I was told she lay in the room I had before.

Who were you told so by? - By Wade.

How long had you been in the lodging? - About four or five days.

CAROLINE DRAKE sworn.

What do you know of this matter? - I live next door to the prisoner, I keep a shop there.

Did you know the deceased? - By frequent coming in and out of errands to my shop, she has more than once or twice asked me for bread.

How long before she died? - Within the space of two or three days, as near as I can remember.

What reason did she give you for asking for bread? - She said, she was hungry.

How did she look? - She looked rather bloated in the face, fresh, but so very dirty that it was almost impossible to guess how she looked.

Did you see her the day before she died? - I did, she was in my shop two or three times, before, and I observed of her that she shook very much, particularly her head, as if she had a palsy, which I thought proceeded from the violence of the cold weather.

Did she make any complaint on that day of hunger or of cold? - Not to my knowledge, she did not complain to me, Mr. Wade had alledged so many complaints against the girl to me, that I spoke rather harsh to the girl, when she complained to me.

Mr. Sylvester. I believe you once advised him to beat her.

Court. Surely that is not evidence, I have not questioned her as to the particular of what the girl said, for if she had given any account, or any relation to her of any thing done by her master, being at a time when she was in no apparent apprehension of death or danger of life, I should not think it admissible evidence, but I take the general fact that she complained of hunger, without relating from whence that proceeded, and the general fact of her master complaining against her to be evidence, but not the particular conversation from which that proceeded.

Mr. Sylvester. What was his conduct towards the girl? - As to that I do not know, I never trouble my head with the neighbours, he had not been there above three weeks or a month, I do not know of my own knowledge, he told me he never struck her.

DIANA CROOK sworn.

I live in Tuston-street, I remember when this girl of Mrs. Wade's died, it was on a Saturday.

Court. Do you remember seeing her during that week or at any time for a few days, before her death? - I do not know that I had seen her for a week or such a time before she died.

Court. Then I do not think any evidence she can give can be admissible; do you happen to know of your own knowledge in what manner this girl was treated by her master? - All that I know about it, my Lord, is this, she came to me one day for two pounds of potatoes, between two and three o'clock in the afternoon, after I had served her, I was dressing victuals, and she asked me for a bit of bread, and she said -

Did she ever ask you for bread more then once? - No, my Lord, that was a week or nine days before she died.

Did she complain of hunger? - Yes.

MARY CHILD sworn.

I lodge in the house.

Did you frequently see the deceased, the apprentice girl? - I saw her once a day, I was out at work all the week, I saw her catching water on Friday night about six o'clock, there is a cock at the street door, and she had a pail under it, I asked her if the water was coming in, and she told me it was coming in, and she had filled every thing in the yard, I then went in and asked Mrs. Smith to give me a light, and she came in after me, and the child came in and shook vastly, I thought it was the coldness of the weather, with standing so long at the water cock.

Was Wade himself at home? - No, he was not, she appeared not well, she shook as though she had the ague, I says to Mrs. Wade, says I, Madam, you ought to get her something hot, she said, she would, but whether she did or not, I do not know, I saw no more that night, on the Saturday morning, there was a little girl came up to me, I was tired, and was in bed rather late, it was Mr. Vaughan's little girl, but I did know her, and she said there was a gentleman wanted me, I went down, and it was Mr. Gaunt, he asked me whether I lived in the house, and I told him, yes, and he desired me to do what I could for the child, for the child was very ill in the cellar; I went down, and he left two shillings, to get something hot to comfort her, the girl was not dead, she fetched breath, but her jaw fell as I stroked her, and her eyes flew open, I was so shocked I went to the chandler's shop, and got Mrs. Matthews to come and help me out of the cellar with the girl; she died immediately as I stroked her face with my hand, she just gave a gasp.

Did you observe what sort of a place this was that she lay in? - I thought it was not a place fit for a Christian to lay in, it was a very cold damp place with water in it.

Mr. Sylvester. You came up almost immediately from the cellar? - Yes, directly.

WILLIAM ROLLS sworn.

I live in Masham-street, No. 15, I know the deceased the best part of the month of December.

Did you know her in the month of January? - No, Sir, I saw her the Sunday before she lost her life in Vine-street, all the particulars I know of her was in the month of December, she used to come three or four times a day to fetch water.

Did you observe any thing particular about her, when she did come? - I thought every time she came she looked more miserable, and more like an object of pity.

On what account did she appear so? - She was without shoes and stockings to her feet as you may call them, for there was neither sole to her shoes or foot to her stocking, I took notice of her one day particularly, I says to her, little girl, what makes you go in that way? one day she came in for a kettle of water, about three in the afternoon, the later end of December, I thought she had put the kettle into the hot liquor, and I told her not to do that, she said to me as this -

Do not tell us what she said, only what she did; - She put her hands into the hot liquor.

Did she appear very cold? - Vastly cold, and all her clothes were worn off her back almost, and appeared to be very cold, and very dirty and nasty, she almost put her head into the water.

Did she complain of cold? - Yes.

Did she complain of any thing else but cold? - No, Sir, no more than that.

Mr. Sylvester. It was pretty cold weather in December? - Yes, it was almost the latter end.

Mr. Peate. Was it a frost that day? - I cannot tell, it was very cold.

ANN CHILD sworn.

Did you know the deceased? - I have seen her.

Did you see her before her death? - Not for above a week.

When you did see her did you observe any thing particular about her? - I sell greens, and she came for some potatoes, and we were at dinner, and she asked me for a bit of victuals.

Did she complain of any thing? - No, she did not, I did not ask her any questions.

How often did she ask you for vi ctuals? About three times.

How long before her death might that be? - About a fortnight or three weeks.

ARCHDALE HARRIS sworn.

I am a surgeon.

Court. Were you called on in February to view the body of the child, and when? - On the Saturday in the afternoon, the officers of the parish with some other gentlemen called upon me to desire me to go and view the body of the deceased, I did so.

Did you take sufficient notice to form a competent judgment of the probable cause of her death? - My Lord, the body looked so well that I could see no reason to suspect any thing.

That is to suspect any violence you mean? - Yes.

What was the general state of the body? - It seemed to be in a very good state: what you may say died in a healthy state.

Was it much emaciated? - Not at all.

As much in flesh as might reasonably be expected? - Yes.

Did you open the body at all? - No, there was not the least reason for it, neither do I apprehend I should have got any additional information from opening it, it did not appear so to me.

What appeared to you then from the inspection of the body, to have been the probable cause of her death? - I cannot say; if I had not heard of the circumstances, I should have thought she died a natural death, from the inspection of the body alone.

Did it ever happen to you to examine the body of any person who died from the severity of the weather at any time? - Yes.

Is that kind of death attended with any particular appearances? - Very often upon the extremities.

What are those appearances? - Very often a tendency of mortification in the extremities, frequently of the feet and the legs.

Do you apprehend that tendency of morttification to be always visible, where the death has arisen from that cause? - I think so where it has seized on the extremities.

Now was any such appearance visible of the body of this girl? - No such appearance.

You have been in Court all the time? - Yes.

You have heard the evidence of all the other witnesses, with respect to the place where this girl lay? - I saw the place.

I wish you to describe the place? - It was a very bad place certainly, a damp cellar.

From the appearance of that place, joined with the account you have heard of it from the other witnesses, do you think it likely that the laying in that place for four or five nights during the late severe weather, and preceeding the 23d of January, consistent with the appearance of the body, could be the cause of the death of the deceased? - There was no sign of it, therefore I cannot upon my oath say that it was the cause.

Therefore I find you rather conceive that if the death of the deceased had proceeded from the damp and cold of that cellar, that it would have been likely to have produced some appearances that would have led to that suspicion? - I should think so my Lord, I should have expected some appearances.

you think that the death arise from the immediate effect of the cold and damp? - I should have expected to have seen some marks of it upon her extremities.

Now if a death is occasioned, and arises from any disease brought on by a damp and unwholesome place, will not that disease generally manifest itself for some time before the death? - I should think she would have had some apparent complaints before the death; I will explain myself a little more fully; it seems to me that where the cause of the death is the immediate effect of damp and cold, and it is a violent death by the severity of the weather, it is usually attended with such appearances as I have spoken of; but when the disease arises from the cold and damp, I should have expected it for some days preceding the death.

Mr. Sylvester. If the death of the party is occasioned by any sudden fit, is it ever unattended with distortion of features? - Sudden death is frequently without distortion, in regard to convulsions it very often leaves a settlement in some parts of it.

You did not open any part? - I did not perceive any purpose it would have answered, I do not apprehend it would have answered any; I did not think there was any cause at all that required it by the appearance of the body.

Court to Vaughan. I think you said that the deceased had on an under petticoat? - Yes.

Did you observe where the rest of the clothes were? - I saw her gown hanging up just by.

Mr. Sylvester to Mr. Harris, Did not you observe the bed was wet within side? - Yes, in several places, it looked as if it had been wetted by a person's laying on it, it was in a circular manner in several places.

Court to Vaughan. How far was she from the bed when you found her that morning? - Tumbled down close to the feet of the bed, her head was the other way.

Court. It does not appear to me in this case, that there is sufficient evidence that this was the cause of her death.

Mr. Sylvester. My Lord, unless there is, it is no matter for the jury to judge upon.

Court to Jury. Gentlemen of the Jury, I do not wish to take up your time more than is necessary for the due and proper administration of justice on the one hand and on the other; I will therefore state to you now, how far this strikes me upon the evidence, and if you after that entertain any doubt in your minds, I will hear the prisoner's defence, and his witnesses, if he has any: the charge against the prisoner, is that of occasioning the death of the deceased by two means specified in the indictment, the first by refusing her the necessary assistance for the support of her life, and the second by neglecting to provide her with other proper accommodations, and forcing her to lay in a damp, wet, and unwholesome cellar, without proper and necessary bed, bedding, clothing and covering, which together are stated to be the cause of her death: Now, in point of law, I think the charge against the prisoner, though it contains no charge of actual personal violence, might clearly be supported by evidence that came up to the charge; and I think it right for the sake of the public, and the numerous persons that are attending here, to declare very fully and clearly that opinion; for it a person intrusted with the care of a young person, or any other, does by the refusal either of necessary assistance, or by any other severity, though not of a nature to produce immediate death, or by the putting them in such a situation as may be dangerous to their life and health, actually and clearly occasion the death of that party, I think in point of law it is murder; and I think further, that it is a murder of a worse kind, than many of those that are attended with greater personal violence, for this reason, that there is greater time in such a case, for deliberation and reflection, and it is never in a situation to be reduced to manslaughter, because it never can arise from any misconduct that can mitigate it: that being the nature of the charge and the law, it is for you to consider how far that is supported

in point of evidence, for in proportion to the malignity of the charge, ought to be the clearness of the evidence by which it is supported: now though I think it right to say for the same reason that I have declared my former opinion, that the conduct of the prisoner at the bar has been extremely reprehensible, and in my opinion highly criminal, in placing this unfortunate girl in such a situation, which certainly might have been the cause of her death; yet it is necessary in an indictment of this kind, in which the consequences are so extremely penal, not to throw it upon Courts and Juries, to presume away the life of the prisoner, but that the fact should be proved: and the first fact indispensably necessary to be proved is, that the fact imputed to the prisoner was the cause of the death of the party; that is the very foundation, for unless it is clearly proved that the fact, either of omission or commission was the actual, efficient and immediate cause of the death, it is to no purpose to enquire into the circumstances of it; and I shall, in the present state of the evidence, observe only, that though this conduct has been highly reprehensible, yet you ought, and certainly will divest your minds wholly of all prejudice, arising from your disapprobation of the prisoner's conduct, because you are to try coolly the evidence of the fact, and not to be satisfied with slighter evidence of that which is indispensably in point of law necessary to be proved; although the prisoner has conducted himself criminally, in a less degree, or although fortunately perhaps for him, that criminal conduct is not clearly proved to be the cause of the death: and you have the opinion of Mr. Harris, who is sent for, a man of character in his profession, selected by the parish officers, who in this case seem to have acted with great attention and propriety, for the purpose of making such an inspection as should enable him to form an opinion of the cause of the death of the deceased. Now the two circumstances imputed to the prisoner, are starving her, and compelling her to be in a wet and damp place, coupled with the severity of the weather; and as to the first of these, the evidence of Mr. Harris seems to put it out of all doubt; for whatever complaints the girl may from time to time have made of hunger (and it is not unlikely that she may have been hungry), she was not starved to death, and I think the state of her body, which he has told you, seems to exclude all possibility of that: therefore there is a clearing away of one of the causes assigned in this indictment for the death: the next is, that her death was occasioned by the place where she lay; and upon that also you have the opinion of Mr. Harris; now there are but two ways in which the damp and cold of a place of this kind, can occasion the death of a person; the one is by the unwholsomeness of that damp and cold producing some disease in the party, which in its event may be mortal, in which case the damp and unwholsomeness is the primary cause, and the disease produced by it, is the immediate and efficient cause of the death; the other way is, where the damp and cold operates so much on the party, and produces a chillness and a numbness, attended with a subsequent mortification; and Mr. Harris says it would have produced those appearances which usually attend a violent death of that kind, namely the appearances of a tendency to a mortification visible at the extremities: now although the prisoner's conduct not being the cause of the death, may rather be considered as good fortune, than innocence, yet there were no such appearances on the body; therefore it is Mr. Harris's opinion, that there was nothing on the body that would warrant him to pronounce, that the damp and cold were the immediate cause of the death; if indeed, the damp and cold were the primary cause, and brought on diseases, such as a fever, an ague, or other diseases, there would then be a visible disease for some time preceding the death of the party; now there is no such evidence of any visible disease, except the circumstance of the girl shivering with cold, which is a very likely fact, if there had not been those extraordinary circumstances

of misconduct; but there is no evidence before us of the actual existence of any such preceding disease: thus it stands on the evidence of Mr. Harris; but there is a circumstance which struck me at the time of the first examination of Vaughan, and which induced me to call him again, which was the circumstance of the situation in which the deceased was found; she was found upon her knees, and almost on her face leaning against the wall, as if she had fallen forward with her under petticoat on; I therefore called Mr. Vaughan, to ask him where the rest of her clothes were, and he stated that he did not recollect all, but he recollected that her gown was hanging up: now that seems to me to be a strong circumstance, for if she had perished either through the cold, or disease attended by the damp, she would most probably have perished in her bed; the effects of cold are to benumb, and if she had strength and exertion to get out of her bed and put on her clothes, that exertion would have been sufficient to have prevented her death from cold; but it seems she had got out of her bed and was proceeding to dress herself, and in that state she had fallen forwards: from the circumstance too of her being not quite dead, coupled with the time of the morning, it appears very probable that she could not have been very long in the situation in which she was found; it was then ten in the morning, therefore to be sure, the probability appears that this girl had been getting up in the morning, and beginning to dress herself; so that upon the whole, there does not appear to me to be any evidence before you, to warrant you upon your oaths to pronounce that which you must pronounce before you can go to the other facts; which is, that the facts imputed to the prisoner in this indictment were the cause of the death; if you have any doubt, and do not think the evidence you have heard sufficient to remove it, I will call on the prisoner for his defence.

Jury. There is no occasion my Lord.

NOT GUILTY .

Court to Prisoner. William Wade : You have in this case had the good fortune, that your ill conduct, as I must call it, with respect to this unfortunate girl, has either not in fact been the cause of her death, or that there has not been sufficient evidence to prove it to be so; the effect is the same as to your acquittal here, for of that, of which there is no evidence, and of that which does not exist, the Court must form the same judgment; but it is my duty to repeat to you, what I have before stated to the Gentlemen of the Jury: that placing this young woman to sleep in that cellar, with but scanty provision in such a place where it was not fit for any person to sleep, and in such severe weather, was a conduct of great cruelty and criminality, and extremely likely to produce the death of this young woman, whether it actually did so or not: and therefore the feelings of your own mind on this occasion should not be those of a man acquitted from a full persuasion of the innocence and rectitude of his conduct, but of a man acquitted for want of sufficient evidence against him: I thought it proper to say thus much to you, and I hope it will make a proper impression on the future conduct of your life.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-64

327. SARAH JONES was indicted for feloniously stealing, on the 21st day of January last, one silk purse, value 2 s. and four shillings in monies numbered , the property of John Stansfield .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-65

328. ANTHONY CAIRNS was indicted for feloniously stealing, on the 22d day of January last, one iron half hundred

329. WILLIAM BUTLER was indicted for feloniously stealing, on the 20th day of December last, one pair of linen sheets, value 5 s. the property of Thomas Powell , the same being in a lodging room let by the said Thomas to the said William, to be used by him, the said William, with the lodging room aforesaid, against the statute .

The prosecutor deposing that the sheets were at this apartment a long while after the prisoner left it, he was acquitted; this indictment being for robbing his lodgings.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-67

330. JOHN NURSE was indicted for feloniously stealing, on the 17th day of January last, fourteen pounds of butter, value 6 s. the property of Thomas Jeffries .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-68

331. ROBERT MITCHELL was indicted for feloniously stealing, on the 20th day of February , two hand saws, value 10 s. one plane, value 2 s. two hammers, value 2 s. one trowel, value 6 d. two chissels, value 1 s. one iron screw driver, value 6 d. and four pounds weight of iron nails, value 6 d. the property of John Jameson .

John Jameson and John Jones were called on their recognizances, and not appearing the prisoner was ACQUITTED .

Reference Number: t17840225-69

332. SUSANNAH BIRNE was indicted for feloniously stealing, on the 17th of January last, two linen sheets, value 4 s. two pillows, value 18 d. and one flat iron, value 6 d. the property of Grace Norris ; the same being in a certain lodging room, let by the said Grace, to the said Susannah, to be used by her as a lodging room, against the form of the statute .

GRACE NORRIS sworn.

The prisoner lodged with me about eleven weeks, she left my lodging six weeks next Wednesday, I gave her warning, and after she was gone, I missed the things mentioned in the indictment, I never saw them while she had the room, but I saw them when she took the room, I never found any of my things again, I took the prisoner to the constable, and she directed me to the pawnbroker.

Court. Did you make her any promise in case she would enable you to recover your things? - No, Sir.

Did not you tell her that you would be favorable to her? - I cannot say whether any such thing passed, I was in a flurry, nothing in particular passed to the best of my knowledge.

JOHN TYLER sworn.

I am shopman to Mr. Evans, I had those things of the prisoner, she pawned them at different times, in November, December, and January; I am sure she brought them; they have been in my possession ever since.

Prosecutrix. These are like some of mine, I cannot swear to them.

PRISONER's DEFENCE.

When I carried them it was through great necessity, and I intended to have got them again, and my son has paid part towards them, has not he Mrs. Norris?

Prosecutrix. He gave four shillings.

Court. You should not have received money, how came you to take these four shillings? - Her son passed his word for three weeks rent, and I thought as I was in

distress, I had better take a little than lose all, and I fetched out two things.

Tyler. My Lord, they would have settled it before they could have been taken before a magistrate, if they had had time, I belive it was the intention of the prisoner to get them again.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-70

333. MARGARET WALDEN was indicted for feloniously stealing on the 17th day of January , one wooden screw box, value one half penny, and one half-guinea, value 10 s. 6 d. and 7 s. 6 d. in monies numbered , the property of Mary Coates .

MARY COATES sworn.

On the 17th of January, I met with this young woman in Red Lyon-street, Spitalfields, between twelve and one o'clock in the afternoon, I asked her to go to drink a pint or a pot of purl, at a porter house, as I had worked with her two months; after that, I said my stomach ached being cold weather, and I would have some mutton stakes for dinner, and we had a pound and a half for dinner, and a twopenny loaf, we had another pot of porter, and then another pint of porter, I came out and I said, Peggy, do you know where there is a tin shop, she replied I will find you one, accordingly she said, she would go; I unscrewed my box and took out one shilling; the half-guinea lay at the top, and the silver at the bottom; I screwed the box up again, and took the shilling out to give the prisoner to buy a tin box, and I lost the screw box, money and all in an instant; says I, Peggy, you have got my box.

Court. Was you sober? - I was not so sober as I am now indeed: I came home, I had not a farthing in the world.

Court. You see the consequence of drinking so much? - There was nobody in company but her and I; I have had nothing to day but my tea and a pint of beer to my dinner; I lost nineteen shillings in all, but it was put down sixpence lower at the Justice's; I do not know the meaning of a warrant, God knows I do not, I have lost all my good time, I do not mean to hurt a hair of the prisoner's head.

ANN PINNEY sworn.

Court. What do you know of this matter, good woman? - No more than your Lordship: the Justice would bind me over by what the prosecutrix told me when she came home.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-71

334. JAMES RILEY was indicted for feloniously stealing on the 3d day of February , two pair of linen sheets, value 24 s. two bolster cases, value 5 s. and two pillow cases, value 2 s. the property of William Griffin .

William Griffin , and Elizabeth Herbert were called on their recognizances, and not appearing, the prisoner was

ACQUITTED .

Reference Number: t17840225-72

335. ROBERT CASHER was indicted for feloniously stealing, on the 20th of February , two dimity petticoats, value 10 s. and one cotton frock, value 3 s. the property of John Webb .

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-73

336. JOHN READ was indicted for feloniously stealing, on the 26th day of February last, nine earthen ware dishes, value 16 s. the property of Richard Winter .

338. The said HENRY KEIGAN and ANN WRIGHT were again indicted for feloniously stealing on the 2d day of January , one woolen coat, value 2 s. one iron spade, value 1 s. one bason, value 3 d. four caps, value 3 d. five saucers, value 3 d. and one looking glass value 3 d. the property of Anthony Dupree .

340. CORNELIUS DONNEVAN was indicted for feloniously stealing, on the 9th day of February last, one pair of silver shoe buckles, value 14 s. the property of William Mitchell .

Maria Mitchell and John Jones were called on their recognizances, and not appearing the prisoner was

ACQUITTED .

Reference Number: t17840225-78

341. LYON LEVY was indicted for feloniously stealing, on the 18th day of February , one piece of gold coin called a guinea, value 1 l. 1 s. the monies of John Tobin .

JOHN TOBIN sworn.

When I am at home, I live in Ireland, I am a seafaring man : on the 18th of February, I had twenty-three dollars, that I received in America, they were in my pocket, in a bit of a green worsted purse, I carried them on shore to sell them; I had not a farthing, gold, silver, nor brass, but them: I sold the twenty-three dollars at four shillings and sixpence each, for five pounds three shillings and sixpence, the man I sold them to gave me four guineas and a half, which I had in my pocket, and half-a-crown and one shilling: I mistrusted that the money was not good, I thought to have gone into a house to have them weighed, but I did not like to go into a shop, and I was coming along the street, and this man had a bulk with buckles, and knives, and things, in Whitechapel Road , and I asked him if he had a pair of gold scales, and if he would be kind enough to weigh them four guineas, I said, I will pay you for your trouble, says he, is there any thing here to suit you, that will lay in your way, says I, not at present, if there were I would buy them of the man that I sold my things to: I then took out my purse at the stall, and took out the four guineas, and put them in his hand, and kept the half-guinea, and half-crown, and the shilling, while he weighed the guineas; the first guinea he

weighed it was rather heavy, and he looked at the weight, and he weighed the other two; he weighed only three, he put them out of his fist, he kept his fist shut in this manner, and he put the three guineas on the glass that lay over his goods, I asked him where was the other guinea, says he, you gave me no more than three; My God, says I! how can you have the assurance to look in my face; (I did not take him to be a Jew th, but I was told so afterwards), says I, you give me the four guineas.

Court. Then the only money he had were these four guineas that you put into his hand? - Yes, he was searched, and he put it down, he picked it up again, says I, you have put that in your pocket, which I have worked very hard for, he denied it.

Court. Was any guinea found upon him? - He was over-hauled before the Justice and a guinea and sixpence were found in his pocket.

You had no marks about the four guineas that you had? - No, there was a bit of dirt on one.

Court to Jury. Gentlemen of the Jury, it is not necessary to take up your time by going on with this business, for if the prisoner has taken this money, still I think the indictment cannot be maintained, because there was no felonious taking whatever; for he tells you that he gave him the money, and gave him a compleat possession of it for weighing; but likewise he cannot identify the guinea other than by a bit of dirt, which is not sufficient, and it is very probable the prisoner might have another guinea in his pocket; but however that may be, I am clearly of opinion that there is no felonious taking whatever, and therefore you must acquit the defendant.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-79

342. JOHN COCHRAN was indicted for burglariously and feloniously breaking and entering the dwelling house of William Dick , about the hour of ten in the night, on the 25th day of February , and burglariously stealing therein, four woollen blankets, value 20 s. one white linen quilt, value 6 s. the property of the said William Dick .

A Second Count, for that being in the said house, and having feloniously stolen the said goods, he did afterwards burglariously break to get out of the same.

WILLIAM DICK sworn.

I keep a public house in Nightingale Lane , the watchman informed me about ten o'clock, on the evening of the 25th of February, that the window was open, and I found it so, and the sash quite thrown up to the top, I had shut both the windows myself, the shutters were bolted within-side with three bolts; while I was bolting the window again, I saw a many things were gone, but the things in the indictment lay on a chair in the parlour, and there were also stockings, and a cloak, and a parcel of things, which I had bought that day: I went up to the watch-house, and there I saw one of the blankets with some thing tied in it, and I saw the corner of the quilt too at the watch-house, and I said they were what I had bought.

Had there been any body in the parlour that you knew of after the time you shut the windows, and before this time? - There might, I do not know, and no doubt but there was.

Did you go into the parlour after you shut the windows, and before you was alarmed? - O yes! several times.

Were the windows as you had left them? - Yes.

What is the latest time that you can recollect seeing the windows shut? - I am sure they were fast at nine.

Have you any recollection who were in the room? - I cannot say.

Had you seen the prisoner at all at your house that evening? - I cannot swear that I saw him, for I never knew the man before in my life.

I was going round my beat, and I found the windows open, I called to Mr. Dick, I told him, he said he shut them, it was almost eleven, I saw no suspicious person near the house that evening.

JOHN SERJEANT sworn.

I was walking upon my beat, between ten and eleven, I saw the prisoner coming along by the corner of the passage in Upper East Smithfield; he had these things in a loose manner thrown over his head, he entered the passage, I saw him stand there, I ran and fetched my lanthorn, and met him coming out againwith the things, and I stopped him, I carried him and the things to the watch-house, they have been in my possession ever since, they are the same I took from the prisoner.

(The quilt and the Scotch blanket deposed to by the Prosecutor, and by Hannah Somerville .)

PRISONER's DEFENCE.

I was drinking in the prosecutor's house that evening, and I saw four men and two women drinking in his parlour all that evening; about half after ten I was going home, and at the corner of Nightingale Lane I found these things, they were in canvass, which was dirty, and I hove it away, and put the things over my shoulder to carry them home.

Jury. Are you sure of the quilt and blanket.

Mrs. Somerville. I have no doubt, I darned the blanket, and joined the quilt.

GUILTY Of stealing, but not of breaking .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-80

343. TIMOTHY HURST was indicted for feloniously assaulting William Koe , on the King's highway, on the 2d of February , and putting him in fear, and feloniously taking from his person and against his will, one man's hat, value 5 s. his property .

The witnesses examined apart at the request of the prisoner.

WILLIAM KOE sworn.

I was robbed this day three weeks in Cow Cross , between six and seven in the evening, I had been on my master's business, and I was going home, and the prisoner came behind me and took my hat off, I know the prisoner, I am sure it was him, I saw him before he came up to me, he said nothing to me, he ran away as soon as had taken off my hat, and I ran after him, I saw him throw it away, and another man picked it up, he stopped, and I came up to him, I cried stop thief! and Mr. Palmer took him.

Was he ever out of your sight after he took your hat? - No.

WILLIAM PALMER sworn.

On the 2d of February, between seven and eight, I heard the cry stop him, he has stole my hat, I saw the prisoner pass by, I stopped him, and the boy came up and said the prisoner had robbed him of his hat, and that he had never lost sight of him; I took him to the Rotation Office.

Court. Where did you find the hat? - Another person had picked the hat up, which is the other person now in confinement.

JOHN FIGG sworn.

On the 2d of February, the prosecutor came into my house, and said he had lost his hat, I went out and saw the prisoner in custody, the hat was found afterwards by the other prisoner Edleston.

PRISONER's DEFENCE.

I know nothing of the hat.

Court to Prosecutor. Who advised you to indict the prisoner for a highway robbery? Nobody that I know of.

Court to jury. Gentlemen, there is no evidence to make it a highway robbery, or any thing like it, you may find him guilty of stealing the hat, if you thing he is so.

Jury to Farmer. Was it dark when you stopped the prisoner? - It was near eight o'clock.

The prisoner called two witnesses to his character.

GUILTY Of stealing of the hat .

Court. It is plain there could be no other motive for indicting this man capitally, than the forty pounds reward, and as I do not wish to encourage such prosecutions, let the prisoner be privately whipped and discharged.

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-81

344. ELIZABETH FARRELL was indicted for feloniously stealing, on the 30th of January , one mahogany tea board, value 12 d. two bowls, value 18 d. two cups and saucers, value 4 d. the property of Jacob Jackson .

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-82

345. SAMUEL WARNER was indicted for feloniously stealing, on the 7th day of February , one wicker basket, value 12 d. one pair of stockings, value 12 d. and one pair of women's shoes, value 2 s. 6 d. the property of Joseph Bickham .

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17840225-83

346. JOHN LOYD was indicted for feloniously stealing, on the 21st day of February , one wooden till, value 6 d. one half-guinea, value 10 s. 6 d. two half-crowns, value 5 s. and 20 s. in monies numbered , the property of Samuul Kannadine .

MARY BASTON sworn.

On the 21st of February, about half past ten o'clock, I was waiting at supper, on my mistress and her niece, and I saw, as I was removing the things, the prisoner rise from behind the counter, there was a glass partition, I was within the room; there were a dozen of candles in the shop: I told my mistress, and immediately opened the door and pursued the prisoner, I collared him when he was got out in the street about ten yards, he had just delivered something to another of his own size, who ran across the way, but what I cannot say; I said hold of him, I collared him, and said, what have you taken from behind the counter? then some gentlemen coming from the City Coffee-house surrounded us, but no person laid hold of him but myself, and I brought him back myself, and my mistress said the till was gone.

PETER PLUMBTREE sworn.

I saw the prisoner and another man along with him in the street, about two or three seconds before the young woman seized him by the collar; he was a little distance before me; as near as I could judge they were exchanging something, and the other man stept over the way.

LYDIA HOWE sworn.

I saw the till in the counter, before Mary Baston gave the alarm, there were half-a-guinea, two half-crowns, and about ten shillings in money, there was no lock to it, and it was gone, I did not see the prisoner in the shop.

Prisoner. I live in Fore-street, I had bought a pair of shoes, and I was going to change them, and this woman laid hold of me.

347. DENNIS DALEY and MARGARET MILLER were indicted for feloniously stealing, on the 2d of Feb. twelve base metal sconces pleated with silver, value 5 l. the property of John Carpenter .

JOHN CARPENTER sworn.

I am an undertaker , on the 2d of February, I was sent for into Fleet Market to see some sconces, I did not know I had lost any, I went immediately, and I found them to be my property; they were in bags, there was twelve branches and twelve backs, some were in the backs and some out; I took time to place them, and when I returned, I found a box laying upon a pile of deal boards in which they had been; I was in the warehouse at half past three, and the box was in its usual place; I had occasion to go up to it; this was near five, they were obliged to get over these deals to get at it, I do not know who took them.

GEORGE SUMMERWELL sworn.

I was coming up Field Lane, I went to buy some nails, and heard Mr. Hayward say as I was at his door, that he would have nothing to do with them: the two prisoners were both there, and the woman said bid money for them, they had them between them: I thought there were stolen goods, and I went in, I followed them up Fleet Lane, while he was weighing my nails, I looked out to see which way they went; they went into the White Horse, and they stood in the middle of the road, and the man shifted his load to the woman; they went down the Old Bailey, and I saw the man take some halfpence out of the woman's pocket, and he had two dips for a quartern gin, I followed them, and says I, what have you to sell, says she, nothing at all, says I, I am sure you have; says she, you may take them all; I stopped her, and the man ran away: I brought the woman in Ludgate Hill, and she said, she would have a coach, says I, I will take you down to my shop, and send one of my men, till I know who owns these goods, I sent a man, and took the woman to my shop, and the man prisoner came to enquire for her at the watch-house.

Are you sure it was the same man? - Yes.

What time was it? - About half past five; I had the sconces till they went to Guildhall, then Thompson the constable took possession of them.

THOMAS THOMPSON sworn.

These are the sconces that were delivered to me at Guildhall, they have been in my custody ever since.

(Deposed to.)

JAMES HAYWARD sworn.

On the 2d of last month about half after four, these people came to my house to offer them to sale, and I told them I would have nothing to do with them: they are the same people.

PRISONER MILLER'S DEFENCE.

The prisoner Dally, asked me to carry a few things for them, which I did, he said he would give me six-pence, but where he had them I do not know; then a gentleman came, and asked me what I had, I told him to look and see, for they did not belong to me.

PRISONER DALLY'S DEFENCE.

I was coming along the street, and I found these things under a gateway.

Jury to Hayward. Did they both offer them to sale? - Yes.

Which said,

"offer something for them? " - The woman.

DENNIS DALLY , GUILTY .

Transported for seven years .

MARGARET MILLES , GUILTY .

To be privately whipped and confined to hard labour twelve months in the House of Correction .

348. JOSEPH PATTEN was indicted for feloniously stealing on the 18th day of February , one truss and a half of hay, value 21 d. the property of Thomas Noble :

And THOMAS DAWSON was indicted for feloniously receiving the same, knowing it to have been stolen .

THOMAS NOBLE sworn.

On the 18th of January, about eight in the evening, I sent one Thomas Hurley to look after my horse, and litter him up for the night, I keep a horse for my own use to do my business, and he was gone two hours, I had another key which unlocked the stable door, I went there and missed some hay; I knew there was some gone, but I did not know how much, I was sure the horse could not eat so much, I went again the next morning and missed more hay, and traced it by the seeds, and followed it to Dawson's door, where my hay was sold.

How far is Dawson's from you? - I suppose about four hundred yards, in Old Montague-street, Whitechapel ; then I went and called Thomas Hurley out of bed, who used to look after my horse; I asked him how long he had dealt in hay, says he have I wronged you; says I somebody has, he went with me to the stable, and told me if I would be favourable to him before the justice, he would discover his accomplices.

Have you any other witnesses but him and you? - I have none other here.

Court to Jury. Here is no evidence but the accomplice.

BOTH ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17840225-86

349. JOSEPH BAMBRIDGE was indicted, for feloniously stealing on the 1st day of February , fifteen hempen sacks, value 10 s. and four hempen flour bags, value 2 s. the property of John Morgan .

JOHN MORGAN sworn.

I am a Cornchandler ; on the 19th of February last I met a friend in Tottenham-court-road, through whose information I watched the prisoner, who was my servant ; and on Friday night the 20th, I had James and Thomas Cooper , who were relations, to supper, and the prisoner was gone to my warehouse and granary, which is detached from my dwelling house about two hundred yards; this was between eight and nine in the evening, and I desired Thomas and James Cooper to follow him, to see that nothing was gone from the warehouse; and I followed him myself, and one of them came to fetch me in five minutes, and I overtook a man with a sack on his back, and Thomas Cooper was following him, that man was not the prisoner; I catched hold of the man by the collar, and I said, you scoundrel how came you by this, he said, O Lord Mr. Morgan, I know I am doing wrong, and if you will forgive me, I will tell all I know; upon this we took him to the White Lyon, opposite St. Giles's round house, I then took him to the watch-house, and left him in company with Thomas and James Cooper ; I got a constable, and went back to my own house, and the prisoner was then coming out of my house, I charged the constable with him, he seemed greatly terrified, I said Joe, do I deserve this from you? he fell down on his knees, burst into tears, and begged for mercy.

JAMES COOPER sworn.

I was at Mr. Morgan's house at supper, and my brother was there, it was Friday the 20th of February, and we both went out to the granaries, and I had not been there above three minutes, before I saw a man come out with a full bag on his back, we followed, and overtook him at the top of Drury Lane, and I went for Mr. Morgan.

Did you see any thing of the prisoner? - Not till I saw him the next morning at the justice's, I went there about ten.

Who went with you? - Roberts, a constable.

Did your brother go with you? - No, he was left with the bag at the White Lyon; I think the prisoner's house is in Church-street St. Giles's, there I found fifteen sacks, and three bags, which are chiefly used for flour; we brought them all to the White Lyon, the prisoner was in the round house; Mr. Morgan came and saw the sacks and bags, and said they were his own property, I was present, they have been in possession of Mr. Morgan, with the constable's seal on them, one of them was half full of pollard, I did not observe the mark on them then, but some of them have Mr. Morgan's name at full length on them.

(The sacks deposed to by the prosecutor.)

Mr. Garrow, Prisoner's Council. The prisoner had lived with you four years? - Four years and four months.

Except as to this business, what was his character, if he had left you and had applied to you for a character, what character would you have given him? - I only can say in a few words, that he was the best servant I ever had in my life, I placed a great deal of confidence in him, he never lost me an hour when in health.

Might it not happen, that this man, being in the employment of collecting of sacks, might have carried them to his own house, with a view afterwards to have brought them to yours? - Those fourteen sacks had not been in my possession for more than a twelve-month, nor of any of my servants to my knowledge.

Your business is very extensive? - Yes.

The remainder of this Trial in the next Part, which will be published in a few Days.

The first Part of this Sessions contains the remarkable Trial of George Barrington , with his curious Defence, verbatim.

The second Part contains the remarkable Trial of John Newland , for counterfeiting Bank Notes, with the Arguments-of the Council, at large.

The third Part contains the remarkable Trial of Matthew Costillo , alias Costella, for a Rape on the Body of Elizabeth Tarrier , Spinster, with the Arguments of Council.

The fourth Part contains the remarkable Trial of John Smith , Alexander Cullum , William Hubbard , Charles Manning , Richard M'Donagh, and others who received Sentence of Death.

The fifth Part contains the remarkable Trial of Thomas Turner , capitally convicted, but his Sentence reserved for the Opinion of the twelve Judges, with the Arguments of Council, and Opinion of the Court as to a dwelling House; also the remarkable Trial of John Penny ; and several others.

The sixth Part contains the remarkable Trial of John Pond , and several others.

The seventh and eighth Parts contain the remarkable Trial of John Wade for the willful Murder of Constance Frost , his Apprentice Girl, by starving her to Death; and several others.

Any of the above Numbers may be had of E. HODGSON, Writer of these Proceedings (who also takes Trials, &c. in Short Hand, on reasonable Terms, and teaches Short Hand in four Lessons only) No. 35, Chancery-lane.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 25th of FEBRUARY, 1784, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of Joseph Bambridge .

Therefore they may have been employed in your business by your servants? - I bought a hundred quarter sacks at Uxbridge with intent to work flour in them, and to have them branded with my name with pitch.

But that you did not do however? - They are marked with an M.

But you know any other dealer in grain would be likely to mark his sacks with an M? - It is possible.

It is possible that these sacks, though they have not come under your observation, may have been employed in your business? - Yes.

EDWARD ROBERTS sworn.

I am the constable, I was present at the finding the sacks at the prisoner's house, with Mr. James Cooper ; there were twenty sacks and four bags all full of pollard, pease flour, and corn; the pollard and pease flour was mixed.

What part of the prisoner's house were they in? - We went through the first room into the parlour, which was their bedroom, they all stood in that room, they were all taken to Mr. Morgan's house full the same night, and emptied; I was not present when they were emptied, I saw them the next morning at the Justice's, there were several of them marked with a customer of Mr. Morgan's name at full length, Mr. Holding, but he only brought them that had his own name on; there were fifteen of them that belonged to Mr. Morgan, some had Holding's name that I observed the night before, Mr. Morgan came to me and desired I would go, I told him he did not need a constable, as a neighbour I went along with him, we secured the first man and put him into the round-house, then I went along with him to his own house, and we had not been in a minute before the prisoner came into the house; when he came in Mr. Morgan gave charge of him to me, and he seemed very much alarmed; I said to him, I dare say you are very sensible what this is for; he made no answer at all, Mr. Morgan then began upraiding him, and said, Joe, I have used you exceedingly well, and I think you ought not to use me in that manner; he immediately fell down on his knees in the shop, I do not know that he said any thing particular with respect to confessing, but

hoped he would forgive him, or something to that purpose; at the time of searching the house, I went into all the apartments that belonged to him, and I found in the yard twelve pigs.

Mr. Garrow. Before you went to Mr. Morgan's house the other man was in custody? - Yes, that man had confessed.

We are not trying him now, that man had been apprehended for coming out of the granary with a sack on his back? - He fell on his knees upon being upraided with his ingratitude and ill-usage, but was not charged with any felony, I do not know that that had been mentioned to him.

Now there had been a man seen coming out of the granary, which granary this man had the key of? - Yes.

ABRAHAM SMITH sworn.

Mr. Morgan's man, the prisoner, asked me to carry a bag home for him.

When was that? - I cannot tell the day of the month.

What day was you taken up? - On Friday, it was about a month before.

Where was you to get the bag? - He asked me to go to Mr. Morgan's granary, and he would give me three pence to carry that bag home, I went to the door about a quarter after eight, I had just left work, and his master's granary looks through into my master's yard.

Did you see the prisoner there? - I just came out of my master's gate, and he was coming out of my master's door, and he called to me; my master is a coach-wheeler.

What did the prisoner say to you? - He asked me that very night to carry a bag home for him.

What that very night? - Yes.

What was he to give you for this? - One time two-pence, and another time threepence halfpenny for a pot of beer.

Did you carry a bag that night? - I had it on my back when I was taken.

Where did you get that bag? - The prisoner gave it me on the outside of the door, the bag was full, but I do not know what it contained.

How many times did you carry bags for the prisoner? - Three times, I think, I carried them to his house and set them down.

PRISONER's DEFENCE.

I gathered in these sacks for my master's customers, and it was late at night, and my master was gone to bed, and I did not chuse to knock at the door, and I took them to my own house.

Mr. Garrow. My Lord I have witnesnesses to the prisoner's character, but after what Mr. Morgan has said of him, it would be wasting your lordship's time.

GUILTY .

Prosecutor. My Lord, till this unfortunate affair, I held the prisoner in the highest esteem, and he has a wife that now lays in, that was brought to bed a day or two ago, and has a family besides, I beg leave to recommend him to your lordship's mercy.

Mr. Justice Gould. I have no disposition whatever to be severe upon people, but you must consider we are bound to do our duty for the good of the public; and of all the offences that I have heard tried this sessions, I think this stands in the most flagitious light; a man whom you have shewn such indulgence to, one on whom you reposed such confidence, and whom you would have trusted to any extent, that he should be guilty of such an act of treachery as this, and it would be a very bad example indeed, to let him go unpunished; therefore, though for my own part, I feel as much as any man can do for the miserable condition that prisoners bring themselves into, yet it is necessary that such offenders should not go unpunished.

Prosecutor. My Lord it is merely out of humanity to the poor woman, and the situation she is in; I shall leave it to your Lordship.

Mr. Rose. Joseph Bambridge , you have been indicted and found guilty of robbing your master; it gives me pain to be under the necessity of passing sentence on a man,

who as a servant has born so good a character, as you have; but it is necessary that a very severe example should be made of offenders under your description; all our property must be at the mercy of servants, and as a servant you had the protection of your master's property, and your master putting confidence in you, you ought rather to protect that property than have stolen it: it is necessary therefore, for the sake of the publick good, that you should be very severely punished; and if it had not been for the lenity of your master, your punishment would have been still more severe than it now will be: - The sentence of the Court is, and we hope it will teach you to behave better for the future, that you be fined one shilling , and imprisoned in Clerkenwell Bridewell for the space of twelve months, and there confined to hard labour .

I am wife of Edward Osmond , I live in Great Russell-street, Bloomsbury, on the 27th of January last, I lost this trunk with the contents of it, (the things which are mentioned in the indictment were it it), I had been to fetch them from Hammersmith, and was carrying them to my lodgings, I packed them that day, and brought them from Mr. Scott's at Hammersmith, they had been there a great while; I saw the trunk put into the coach; it was stolen out of the coach, I locked a trunk, and came in the Hammersmith coach, I stopped at the White Horse Cellar about six, and then I called a hackney coach, and brought them in the coach with me; I stopped at Mr. Sice's the boot-maker's, the corner of Air-street, Piccadilly , about twenty minutes after six, I got out of the coach and left the trunk in the coach, as soon as I got out, the coachman took out two boxes and brought them into the shop, and said, Madam, you must go and watch, lest your things should be stolen, for there is a man I do not like, I went out and stood facing the coach, and I saw the coach move; I looked over the door, I did not see any body, but still the coach kept moving, then I looked over the coach, and I saw a man's legs advance from the coach on the opposite side of the coach, he was just moving from the coach to cross the street, then immediately on that I run close to the coach door, and looked in, and then I saw the prisoner with the trunk on his right-shoulder.

Court. Was the other glass down on the opposite side of the coach? - I cannot say, the opposite door was open.

Was the glass up or down? - I cannot say.

You could see through the coach? - The prisoner had just gained himself upright when I saw him, just got the trunk on his right-shoulder.

Was his back to you, or his face? - As he took it out of the coach door he immediately crossed over, I did not see his face, I just saw him sideways and his back, I run after him, and cried stop thief! and he

immediately took down Eagle-street, several people came to my assistance near to him, he went a few yards, and was so closely pursued by a gentleman that he dropped the trunk, he ran away, and was brought back to me immediately: I saw his side-face, and I saw his person.

Can you speak with certainty as to the prisoner, whether that is the man? - I am very sure of it, I am certain of it.

How long was it before he was taken after he ran away? - About three or four minutes, I did not see him taken.

As soon as he was brought back to you, did it immediately strike you that he was the person? - It did.

Was you quite clear of it then? - I was.

Did you say any thing to the prisoner? - Nothing particular, only asking how he could do it, I did not wish to have any thing to do with him, but the people that were with me insisted on my taking him to a Justice, I have had the trunk in my possession ever since, the things are in it.

GEORGE CUMMING sworn.

On the 27th of January, I was coming along Piccadilly, about half after six, and that lady came up to the coach, and laid hold of the handle of the door, and made a scream, and hallooed out stop thief! I then looked before and behind me, and saw nobody, she ran towards the kennel, and I saw a man about the middle of the road with a trunk on his shoulder, the prisoner is the man, I am sure of it, when I first got sight of him; he was half way up Eagle-street, I followed him.

Did you ever lose sight of him? - No, not I till laid hold of him, being pursued he threw the trunk down at the top of Eagle-street.

Did you say any thing to the prisoner? - No, as the lady was in possession of the trunk, I followed him, he rather made a struggle, there were some people coming along, and he made up towards York-street, or St. James's Church, and as he turned, I caught hold of him by the right-breast, he asked me what I laid hold of him for, I kept him till he was committed.

Prisoner. Did I throw the trunk down? - Yes, I saw you throw it down.

Mrs. Osmond. And I saw you.

WILLIAM SUMMERSFORD sworn.

I am a hackney coachman, I drove Mrs. Osmond from the Old White Horse Cellar, Piccadilly, and she had three trunks with her, two in my hackney coach, and one in the boot, I carried her to the end of Air-street, Piccadilly, to the boot-maker's.

Court. Was that the trunk you put into your coach? - Yes.

(The trunk deposed to by the prosecutrix.)

Court to Cumming. Did you take notice of the trunk? - Not then I did not.

What passed after that? - She ordered me to let her out, and I took the little trunk and carried it into the shop, and she then ordered me to take a large trunk out of my boot and carry it in; this I left in the coach, when I was taking that other trunk out of the boot, I saw this prisoner, that very man, walk backwards and forwards by the side of my coach, and he went and stood about three or four yards behind the coach against the post, and when I was dragging this heavy trunk up the steps, I missed this man from the post, I had some suspicion, I took hold of the lady, says I, Madam, I should be much obliged to you to go and look at the coach; and as I came out, I heard a piece of work in the street, and the trunk was missing, I ran across Piccadilly down Eagle-street, and caught hold of the trunk, I am sure that is the trunk, I did not see it thrown down; I am sure the prisoner is the same man that was walking by my coach.

PRISONER's DEFENCE.

I came to town about a fortnight before this happened, and went up to Piccadilly to see a fellow-servant ; coming along I heard a cry of stop thief; I ran down to the corner, and I asked that man that stands here, which way the man was gone, and he

To be sent to the hulks to work on the River Thames for three years , according to act of Parliament.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-88

351. JOHN SIMPSON was indicted for feloniously stealing, on the 9th of February , one hempen bag, value 8 d. and sixty pounds weight of brass filings, value 16 s. the property of Hezekiah Green .

HEZEKIAH GREEN sworn.

I am an ironmonger and founder in Drury Lane , I lost the things mentioned in the indictment on the 9th of February, the prisoner worked for me: about half after one, I found the prisoner in a place in my warehouse, I suspected him, and ordered him home.

MICHAEL DOBBS sworn.

I am servant to Mr. Green, the prisoner was employed by Mr. Green as a smith , I went into the counting house to ring the bell, and I heard the warehouse door open, and a witness now in Court, was looking out of the window, and said it was Simpson, I stepped up to the window, and saw Simpson with a bag, and he raised it on his knee while he opened another door of a passage, where his own shop door opens into; I immediately ran to the window, which looks into the smith's shop, and I saw him go through the shop with a bag, to a room that joins his shop, and in about a minute afterwards, he came out without any bag. I run down and met him, he was going to dinner, I went into the necessary: I came back in about two minutes and looked under some straw in a chimney, and there I found a bag which contained brass file dust, the bag is in Court.

Court. Was you near enough the prisoner to discern the bag, was it such a sort of a bag? - Yes, and of that size.

Did you see any other bags in this room? - No, I left it in the same place, covered up, I told my master, and about twenty minutes after, I saw John Dell pass the window with a bag on his shoulder, the same bag seemingly which I had seen in the room about the same size; I followed him into the street, and tapped him over the shoulder, and asked him what he had there, he said he did not know, I brought him back and delivered him to my master, I did not see the bag opened; the prisoner was taken up about a quarter of an hour after; there was no bag in the room then.

JOHN DELL sworn.

Court. Take care to say nothing but the truth; you hear by Dobbs, that he came up to you, and found you with a bag on your shoulder, how came you by that bag? - The prisoner was my employer, I worked under him as hammer-man; he came to me at my dinner on the 9th of February, and ordered me to go and fetch a bag that was in the filing shop, and I should find it in the chimney corner hid under some straw; I left my dinner and went and found it there covered, I took it on my back to bring it to him to Mr. Pearce's or Mr. Read's, he would wait there; I took it to carry to him, and Michael Dobbs stopt me at the door.

Do you know what was in the bag? - No, he told me there was some swarth, that is iron file dust.

What do you call brass file dust? - I do not know, I did not see the bag opened till it was brought to Mr. Green's, then he opened it in my presence, and there was in it brass file dust.

Of what weight? - I cannot justly say.

(The bag deposed to.)

PRISONER's DEFENCE.

Mr. Green sent for me from my dinner about this file dust, I told him I knew nothing

of it. Dell had always the key of the shop door, he might take any thing away have been a servant under him many years, I know no more of it than my children that are at home, so help me God.

Court. Do you wish I should ask your master about your former behaviour? - If you please, he cannot give me a bad character.

Prosecutor. He has worked with me some time, but if I go to describe his character, it will do him no good.

GUILTY .

Prosecutor. My Lord, I would wish to recommend him to your Lordship's mercy, not for the sake of the man, but he has a large family, three or four children, and I believe a very honest wife.

Court to Prisoner. I cannot help lamenting that you are the second servant who has been tried this morning, and convicted for robbing his master. Your crime deserves an exemplary punishment, and the Court will always inflict it upon offenders of your description; but your master having still had more compassion for you than you had for him, has recommended you to the mercy of the Court: the sentence of the Court is, that you be fined 1 s. and confined to hard labour in the house of correction for nine months .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-89

351. PHILIP PROSSER was indicted for that he on the 13th day of August , at the parish of Hornsey , unlawfully, and feloniously did counsel, aid, abet, and procure one William Marston Rothwell , otherwise William Rothwell , feloniously to make, coin and counterfeit, one piece of copper money, called an halfpenny, against the statute .

A second count for counselling, aiding abetting, and procuring the said William Marston Rothwell , otherwise William Rothwell, to coin one piece of copper money to the likeness and similitude of an halfpenny.

The Record of the conviction of William Rothwell , otherwise William Marston Rothwell, was produced and read by Edward Reynolds , Esq; Clerk of the Arraigns; which was,

"That

"he, the said William Rothwell , should

"be hanged by the neck till he was dead."

Court to Jury. Though the crime itself is not capital, yet this Rothwell had been convicted before, and had the benefit of the statute allowed him; then on his second conviction, the Solicitor of the Mint objected to his praying the benefit of the statute a second time; for by the law, a man that has had the benefit of Clergy once, is not entitled to it a second time; that is the reason of his being sentenced to be hanged by the neck, as has been read to you.

JOSEPH DINMORE sworn.

Examined by Mr. Reeve, Council for the Prosecution.

I am a constable, Mr. Redgrave and I had information, that a cart was going the other side of the way in the Old Bailey to receive some copper; we came about two in the afternoon, and saw the cart set out from under the gateway and go across Smithfield; we then took a coach.

Court. Who was with the cart? - Rothwell, the person who was tried.

Nobody else? - No.

Was he riding in the cart? - Yes, it was a little open cart; we took coach on the stand in Smithfield, and followed the cart to Muswell-hill; the cart stopped and went in at a pair of gates, which where opened on the ringing of a bell; we ordered the coachman then to go on that we might not be observed, and we came back to Islington, and there we waited to see if the cart came back the same way that evening; it returned a little after six, with Rothwell and the prisoner in it.

Court. Had you seen the prisoner before that day? - No, I never saw him before, to my knowledge. Redgrave and me stopped

the cart, and they both came out; we took them into the parlour at the Woolpack, a public house in Islington-road; Redgrave went out to take care of the cart; the prisoner finding I was left alone, attempted to get out of one door and Rothwell at the other, I held Rothwell fast, and the prisoner got out at the back door which goes into Gwynne's Buildings; we found in the cart a deal of cut copper, called cecil, and 20 l. in halfpence; the halfpence were carried to the Tower long since, some of them are here, which I have had ever since.

(Four halfpence produced.)

Court. Did you yourself take those four halfpence out of that cart? - Yes, I am confident they were in the cart.

Court. Where did you first get those halfpence? - Out of a butter basket that was in the cart, I took them out myself: Redgrave and me, and some others, went back to Muswell hill the same night, to this house, and there we found a cutting-out press, a stamping press, and several dies, and some blanks, and some halfpence, fresh made but not coloured; the press was standing as if for work, the dies in the press, and a halfpenny between the dies, we brought them away, and they were produced here; they are at the Tower now.

Court. This charge must be maintained against the prisoner at the bar, and you must have the evidence here.

Mr. Sylvester, Council for the Prosecution. My Lord, I should think it was sufficient for us, in the first instance, to produce the conviction of the principal, and it is incumbent on the prisoner to impeach it; the Jury must suppose that conviction is right; the record is sufficient for me, if the prisoner can prove that these halfpence were good halfpence, then he is not active in the committing the felony; the law requires that these things should be carried to the Tower, and immediately destroyed.

Mr. Chetwood, Council for the Prisoner. My Lord, I submit if the record related to any thing relative to this man, he must contradict that in the best manner he can; but you must prove that there was a felony committed; the record proves it against the man himself that was a party, but not against this man.

Mr. Sylvester. Till it is impeached the record is right.

Court. I ground myself upon this; Mr. Justice Forster is of opinion, and very rightly, That if a man is indicted as accessary to a felony, the imputation of the felony to the principal is not sufficient to affect him, he has a right to controvert that felony; it may be an exceeding nice question to discuss this thoroughly, but here is sufficient evidence of the fact, independent of these dies, and these machines that this man found; if the prisoner is found coming from a house, with a cart, in which was contained a great quantity of counterfeit halfpence, that is a degree of evidence, in my apprehension, to lay before the Jury, accompanied with the conviction of Rothwell, whom he is indicted as counselling, aiding, and abetting; I should think that will be a degree of evidence for the Jury's consideration, without the production of the machines, and without deciding the other point; therefore I shall take no notice to the Jury of this evidence of finding the dies and these things.

Mr. Chetwood. Where did you see the prisoner first? - Just by the Angel and the Bluecoat-boy, at Islington.

Coming to town, or going from town? - Coming to town.

In a cart with Rothwell? - Yes.

You do not know where he was taken up then? - I do not.

This was an open cart? - Yes.

The halfpence, that you say were in it, were they in baskets or in bags? - They were in different things, they were not all in one thing.

Then all that you can say is, that he was in the cart with Rothwell, and that you found these bad halfpence there? - Yes.

You have never heard any thing of him since? - No.

JONATHAN REDGRAVE sworn.

I was the other officer attending with Dinmore; I watched the cart to Muswell-hill, I saw it go in, then we went up to Highgate, and returned to Islington, and waited till the cart returned; I saw the prisoner with the other person in the cart together, we were at the One Ton, I was up stairs, they drove very fast, and I was obliged to run, and I overtook them at the Woolpack, then I told them to stop; Dinmore then came up to me, and they asked me what I wanted; I told them I had information they had some smuggled tea in the chaise; there was a hamper that one of them set his feet on, and there was some cecil in it.

Court to the Monier of the Mint. Is that destroyed or not? - I do not know.

Redgrave. There was a seat in the chaise, and in it were two baskets of halfpence.

Court. Have you any halfpence which were found in the cart with you here? - Yes, here is one.

Were the rest of them like that? - All alike.

Did you yourself see that halfpenny taken out of the parcel that were in the cart? - Yes, my Lord, we broke open one paper, and took them out for a sample, we opened them all, and they were all of that kind, they were in twenty shilling papers.

How many were there? - I cannot recollect, we reckoned 20 l. in all; I run to the cart, and in the mean while the prisoner made his escape from Dinmore.

Do you know any thing when the prisoner was taken again? - Mr. Clarke received a letter from Scotland, that he had made his escape there, I was not at the taking of him.

How long has he been in custody? - Above a month.

Mr. Sylvester. What did you find at the house? - Every thing compleat, and some new halfpence that were not coloured; it is always usual to colour them after they are made.

Mr. Chetwood. What became of these dies and implements? - They were carried to the Tower.

Mr. Sylvester. I certainly may give evidence to what is found in a man's house.

Mr. Chetwood. That is only introductory evidence.

Court. If you give them in evidence, the Jury ought to see these instruments, unless they are gone, and that is not the case at all, because the gentleman who sits here tells me they are in a confused heap now existing.

Mr. Sylvester. The presses are never produced here.

Mr. Chetwood. Always.

Court. The law requires that there should be sufficient evidence, the Court and Jury are to judge whether the evidence is sufficient, you are to distinguish according to the crime, if it was for having a die or a stamping press in his custody, then you must produce them, because that is a specific charge, but they are to be produced here as so many circumstances of coining; but if you give evidence of these things, you must produce them; I do not think it is necessary to go that length.

Mr. Chetwood. My Lord, I should apprehend that they must produce that evidence that is sufficient to convict the prisoner, and it is fully in their power, and they have not accounted for it.

Court. The question is, whether they have produced evidence enough?

Mr. Chetwood. My objection is that it was in their power to have produced evidence to shew that Rothwell was guilty of felony, and that the mere record is not sufficient.

Mr. Sylvester. You mistake the law, that record is sufficient at present to prove the conviction of the principal; you may impeach it if you can.

Mr. Chetwood. It is the conviction of another man, that this man is a stranger to.

I live in Peartree-street, near Goswell-street, I know the prisoner, I let him a house at Muswell-hill, just on the rise of the hill, in the month of July last, he was to have it for twenty-one years, the lease was not drawn up, but there was a written agreement.

Did he inhabit it? - I believe he did.

Court. Do you know he did? - My wife was there, and gave him possession of it.

Mr. Chetwood. You never was there with him? - No.

Is it a lone house? - It stands on a piece of ground at a distance from others, he said it would suit him very well, if we could agree upon terms.

SARAH SMITH sworn.

I am wife to Joseph Smith , my husband let a house at Muswell-hill, I gave the key to Mr. Prosser myself, Rothwell was with him at the time.

Mr. Chetwood. Did you know whose use it was for? - For Mr. Prosser's.

You never saw him at the house? - I gave him possession of the house myself, and sold him the fixtures, and received the money from him for the fixtures.

Do you know whether he inhabited it? - I believe he did.

Did you ever see him with any of his family there? - No, I did not, I let it him the 16th of July, and I gave him possession on the 18th of July, and was with him from eight in the morning till the same time in the evening, and came home with him and Rothwell.

Was Rothwell present when you gave him the possession? - He was.

Mr. Chetwood. You never went afterward to see who lived in the house? - No.

Court. Is there a cart-way to go into the yard belonging to the house? - There is a very good coach-way.

Mr. Sylvester. How do you know it was the same house that the constables were at? - Because I was there with them.

RICHARD FRANKLIN sworn.

I am one of the moniers of the Tower, these were not made at the Tower, they are counterfeits.

(The halfpence handed to the Jury.)

PRISONER's DEFENCE.

I took this house for the purpose of dealing in horses; I let it again to Rothwell as things did not happen to my expectation, I told him he might have it till Michaelmas, by the week, upon that we agreed, and I let it him, but he was to quit it in a week's notice, when I wanted it, I was to have half-a-guinea a week, he said, he would; he went to look at the house, to see what painting and glazing was wanting, and he had it.

JAMES FRANCIS sworn.

What are you? - I am a painter and glazier.

Do you know this house at Muswell-hill that was taken of Mr. Smith? - Yes.

Who lived in that house? who inhabitted it? - One Prosser lived in it, and he let it to one Marston for half-a-guinea a week, but there were no writings drawn up.

Where did the prisoner live himself? - I understood he lived there, he came to tell me he wanted to have a job of painting, I went to look at it, he let the house to Mr. Marston for half-a-guinea a week, that was a verbal agreement at a public house at Islington; I do not know where he lived afterwards, he took me to see the job, and Marston's wife was ill and wanted to go and live in the country, I never went after it afterwards, because I waited for an answer.

Court to Mrs. Smith. What was the rent of the house? - Twenty pounds a year.

The prisoner called five other witnesses who all gave him a very good character, and one of them said, be sometimes bought a horse.

Court to Jury. It is necessary, as this man is indicted as an aider, counsellor and abettor of another, that you should first be satisfied that the principal did commit that felony, which the prisoner is so indicted

for abetting; therefore the council for the crown, have on this occasion produced the record of that conviction, which was at this place in September last: I shall not mention the particular things which were found, as they are not produced, which they might have been, b ut only say that the witnesses found a compleat apparatus there for coining, and these halfpence.

May it please your Lordship, and you, Gentlemen of the Jury; although many prisoners have appeared before you in the course of this long sessions, indicted for offences, similar to that with which this prisoner stands now charged; yet I will venture to affirm, that not one of their cases has been accompanied with similar circumstances of ingratitude. The prisoner was left by her husband, who had gone to sea, with a young child at her breast, in very great distress; in the month of September last she contracted an acquaintance with the prosecutrix, and informed her of her unfortunate situation; and that she had no other way of subsistance, but by working at her needle, and having no acquaintance in town, she insinuated, that it would be a very great act of charity, if through the recommendation of the prosecutrix or her friends, she should get employed: upon this, the prosecutrix, who is a very poor widow , and has lived where she now resides, in Prescot-street , for forty years past, told the prisoner, that she should esteem herself very happy, if she could procure her any employment, which the prosecutrix promissed. In consequence of this encouragement, the prisoner called daily on the prosecutrix, and obtained from her, and through her means, both assistance and work; and soon after proposed to come and lodge with her: the prosecutrix being old and infirm, and not able to keep a servant, was willing to accept this offer, she having at that time a very sore leg, which confined her: accordingly the prisoner came to reside with the prosecutrix; but the prisoner had not been long there, before the prosecutrix missed several of her things; however, she had no suspicion of the prisoner at the bar, until she discovered the loss of a cloak, which she was very confident could be taken by no other person but the prisoner, nobody else having access to the place wherein that cloak was kept; upon this, she charged the prisoner with robbing her, and the prisoner being so charged, confessed she had taken it, and said she had only pawned it; this satisfied the prosecutrix, who imagined, that by shewing her some lenity on this occasion, it might cause her to confess, and return the rest of the things; but instead of that, in a very few days afterwards, one morning before the prosecutrix got up, the prisoner was rummaging for something under the bolster, and being asked by the prosecutrix what she was searching there for, she said, she was looking for her stockings about the bolster and bed; but after the prosecutrix got up, and came to put her hand in her pocket, she missed a guinea; and the same day, or the day after, she missed the remainder of those things, as stated in the indictment. The prosecutrix then told the prisoner, if she did not return her things, she would bring her before a magistrate: the

prisoner promised to get them, but instead of doing so, she absconded for several days, and when found, it appeared she had hired herself as a servant to an attorney of Clement's-inn; she was upon this taken to Bow-street, when one of the prosecutrix's cloaks being found upon her, she was committed. Gentlemen, this is a short state of the facts, which will be proved on the part of the prosecutrix, against the prisoner at the bar, if I am rightly instructed; and if they are proved to your satisfaction, it is your duty to find the prisoner guilty; if these facts are not proved by the evidence we will produce, you must acquit her.

MARGARET RICHARDSON sworn.

I took in the prisoner out of charity to lodge with me the 12th of September, I have had no servant since my husband died, I took care of her child while she assisted me as a servant. I missed the things mentioned in the indictment; when I was able to get out of my bed, and to go from one room to another, I went up stairs for some things; she did not want me to get up, she said it would hurt my leg to go up stairs, and advised me not, but I did go; I went to the chest to get a piece of callimanco out, and when I opened the chest, I missed a pair of new stays that were in the chest; when I came down she was sitting in the room, and had some small needle work by her; says I, where did you leave my stays; says she, in the chest; says I, they are not there; says I, is there two table cloths there? yes, says she; then, on St. Stephen's day, when the prisoner's child was buried, I went to put on my black silk cloak, and I asked her where it was; says she, it is in the drawer; says I, I cannot find it; says she, it was there not a quarter of an hour ago, let me look for it; says I, I can see as well as you; she laid her hand upon mine, says she, make yourself easy, Mrs. Richardson, do not put yourself into a passion, I know where it is, and that night she told me she had pawned it for three shillings, and a week after she said she had put it out for three shillings and sixpence, in the name of Brown; then I lost the sheets.

Court. How came you, after missing all these things one after another, and she telling you that she had pawned some of them, to leave her in your house? - She only owned to the cloak; after she went away I missed the sheets, two shifts, and a shirt; I lost also a silver table spoon and a tea spoon, and a stewpan; she had my black silk cloak upon her when she was taken.

NATHANIEL OWEN sworn.

I lodge in the prosecutrix's house; I remember missing the shirt, but who took it I cannot say.

MARGARET BIGNELL sworn.

I recollect seeing the prisoner taking something out with her one morning, but what it was I do not know.

ELIZABETH WRIGHT sworn.

Did you ever hear the prisoner say any thing? - I heard her say this, those that took one, took all.

THOMAS MANSELL sworn.

I am the constable, I apprehended the prisoner, and found this cloak on her.

(The cloak deposed to.)

PRISONER's DEFENCE.

I know nothing of any of the things, she desired me to pawn them herself; the cloak that was taken off my shoulders she lent me to go of errands, and she told me to take it with me when I went away.

Court to Prosecutrix. Did you desire her to pawn these things? - No such thing.

The prisoner called one witness to her character.

GUILTY .

To be privately whipped , and confined to hard labour twelve months in the house of correction .

353. ELIZABETH DAY was indicted for feloniously stealing, on the 14th of February , one earthen ware tea pot, value 12 d. and two earthen ware dishes, value 1 s. 6 d. the property of John Whisker .

ANN WHISKER sworn.

I keep an earthen ware shop ; last Saturday was a fortnight, about six in the evening, the prisoner came to my shop, and two more women, and desired to see some black tea pots; I took notice how many I took out, I took out five, they wanted to see more, and I did not chuse it; one of them bid me less than I could take for a tea pot, then they quitted the shop, and as soon as they were gone I missed a tea pot, I called my husband and told him, he went after them, and I followed him and saw him bring back the prisoner; I do not know what became of the other two, one of them took out two dishes, but my husband did not then know that the two dishes he took from her belonged to me.

Court to Prisoner. Would you ask this witness any questions? - I would rather ask the gentleman when he is examined, if your Lordship pleases.

JOHN WHISKER sworn.

As the prisoner and two more were going out of our shop, I just stepped in, and my wife informed me a tea pot was stolen; I followed, and when we came to the end of White Hart-yard, they all stopped; the woman on my left hand, who was one of the three, took out two dishes from under her clothes, they were yellow dishes with blue edges; the prisoner at the bar was taking out a black tea pot from under her arm, and she dropped the cover of it; on hearing the cover fall, I offered my service to take it up, I told her I knew the pot was mine; she said, she only took it in a joke, and hoped I would not detain her, or words to that effect; I said, I certainly shall, it was a joke I could not dispense with, and I brought her to my house, and got a constable.

Did you bring the tea pot with you? - I brought it in my hand, there is a selling mark upon it, of my own making, in red ink; the other two women made their escape; the value of the tea pot is one shilling, I did not get the dishes.

Jury, looking at the tea pot. My Lord, the mark is of so simple a nature, it is a figure of one, any one can make such a mark as that.

Court. Were they smartly dressed? - Very genteel, I could not have conceived it.

Why did not you stop the others? - I confess I was flurried a good deal, I might not act with propriety.

Prisoner. Do you recollect whether I was rightly in my senses when you brought me back to the shop? - I should think you was not, or you would not have been guilty of that.

Prisoner. I mean to say, whether or no he could not perceive I had drank more that afternoon than had done me good?

Court. That is no excuse at all.

Prisoner. I took it back in my hand to the shop, but I would sooner have broke it.

Court. I am sorry to hear a young woman of your age tell us, that you was so intoxicated you did not know what you did.

The prisoner called two witnesses, who gave her a good character.

Court to Jury. This prosecution is for a thing of small value, but a person being in liquor is no excuse, for some of the lawyers tell you, that drunkenness being a voluntary crime, increases the guilt; but if a person had in a frolic taken such a thing, I think it would be too severe to construe it into a felony, and if you should take it in that light, it is possible you may acquit her.

NOT GUILTY .

Court to Prisoner. You see what an escape you have had, entirely owing to the good character given of you, and the thing being of a trivial nature; and I hope this will put you on your guard.

Prisoner. You may depend upon it, my Lord; I am very much obliged to you, gentlemen.

Tried by the second Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17840225-92

354. FRANCIS TURTLE and EDWARD EDWARDS were indicted for feloniously stealing, on the 26th day of February , one linen shirt, value 4 s. and one hat, value 3 s. the property of Robert Sermon .

BOTH GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-93

355. WILLIAM MATTHEWS was indicted for feloniously stealing, on the 16th of February , eighteen pounds weight of beef, value 5 s. the property of Thomas Purdue .

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840225-94

356. PETER JONES was indicted for feloniously stealing, on the 26th day of January , one wooden trunk covered with skin, value 7 s. the property of John Irvin .

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840225-95

357. RICHARD WOOLDRIDGE, otherwise JONAS WOOLDRIDGE , was indicted, for that he, on the 6th day of February last, twenty-nine pieces of false and counterfeit milled money and coin, each of them called a shilling, the same not being then cut in pieces, unlawfully and feloniously did put off to one Elizabeth Levy , at a lower rate and value than they did import, against the form of the statute .

A second Count, for that he, on the said 6th day of February last, twenty-nine pieces of false and counterfeit milled money and coin, each of them made and counterfeited to the likeness and similitude of a piece of good, legal and current milled money and silver coin of this realm, called a shilling, unlawfully and feloniously did put off to one Elizabeth Levy , at the rate of 20 s. for one piece of current gold coin of this realm, called a guinea, against the statute.

ELIZABETH LEVY sworn.

I live in Catherine-wheel-alley ; I remember the prisoner coming to my house on the 6th day of February, my husband travels in the country, he is a dealer; when the prisoner came, he asked if my husband was at home, and said he wanted to speak with him; he was not at home; I told him I could do very possibly as well as him; with that he said he had some shillings, if my husband could help him to any body that would buy any; I asked him what they were; he said, twenty-nine shillings for a guinea; I asked him to let me look at them, and he did, and I told him that my husband was not at home, but to call again; he came very uncertainly at different times, that my husband could not wait at home; when he came again, I told him I would have some of them; he came again the day he was taken, and I bought three parcels of him; I cannot tell the day of the month: when he came the second time, he had none with him; he said he should call again, they were not ready; he never came to his time; he put some down, and I looked at them, and I looked out three parcels, and was to give him three guineas for them, twenty-nine shillings for a guinea; Mr. Clarke came in at the time, and seized us both; they lay there all ready; he took him and me, and searched him, and found a vast quantity in a bag.

Court. Had you actually paid him the money? - No, but I was going to pay him

as Mr. Clarke came in; I had looked the money ready to pay him, and put them up.

Mr. Garrow, Prisoner's Council. My Lord, I meant to make the objection on the words of the statute, the indictment charges,

"that he did put off."

Mr. Justice Gould. Is not that putting off, delivering it to another?

Mr. Baron Perryn . I take putting off to be the same thing as actually disposing, that is my construction upon it.

Mr. Garrow. I meant to take the objection, but if the Court is clear in favour of the prisoner, I need not.

Mr. Baron Perryn . No, my brother Gould and me differ, I think putting off is the same as selling; the case here is this, while this woman was in treaty, Clarke the officer comes and seizes her; the prisoner had put them down, there were three parcels of them, and he was to receive three guineas; but before he received it, and they are ready for her, Clarke comes in and sweeps them away; the thing is not done.

Mr. Justice Gould. I concur with that most clearly.

Mr. Sylvester. She says, he came and agreed with me; apply to the woman herself.

Mr. Garrow. You should not mend the witness's evidence.

Mr. Sylvester. I never wish to mend a witness's evidence, the interposition came so soon.

Mr. Garrow. I was going to object, and my Lord made the objection, and I hope now that Mr. Sylvester shall not ask the question; I was standing up to cross examine, and now Mr. Sylvester tells your Lordship it had been agreed, and he is now to ask the witness whether it was agreed; suppose she had said upon looking at them, no, Sir, I cannot afford it, I will give you two guineas and a half for it, that is not the meaning of the statute, the contract must be compleat; the indictment states this substantive fact, that he did put off; now, as to that, what is the evidence? was the contract perfectly compleat between these parties? was there any money paid? might not the contract be dissolved?

Mr. Sylvester. It has not been very usual to object to questions before they are heard; all I desired was, that the witness for the Crown, who is now sworn, might tell her own story, without being interrupted by me or that gentleman.

Mr. Baron Perryn . Mr. Garrow did stand up to cross examine.

Mr. Justice Gould. The thing is as my brother Perryn has taken it; the money was put down; I am of opinion, upon the construction of the act of parliament, that the offence is not compleated till it is received, and taken by the party to whom it is offered; then the evidence is, that Clarke came in before this woman had touched any of this money, and swept it all off.

Mr. Sylvester. I understand that she had received it intirely.

Elizabeth Levy . I had looked them out, and bought them, and was going to pay him.

Mr. Garrow. She said they were ready for her to have.

Levy. He had told me the price before.

Mr. Sylvester. Had you taken possession of them? - Yes, I did, and put them in three different places on the table; they were in a bag, and he took them out of the bag.

Then this silver was reckoned out to you, and you put them in three parcels? - I had reckoned every parcel, there was twenty-nine shillings in every parcel; then Mr. Clarke came in and took the prisoner, and took the remainder of them from him in a bag; he had not those about him that I had bought; and he took those that I had bought off from the table; Mr. Clarke said how came you here, says he, what are you about? he made answer, nothing at all, I do not know how I came here; I was at a stand when Mr. Clarke came in, it shocked me so I did not know what to do; Mr. Clarke asked me what that was, and I told him I had bought it.

Mr. Garrow. You was very much shocked at his coming, though you expected his visit? - I expected it much sooner than he came.

So, you having invited a gentleman, and he not coming to his time, you were very much shocked at seeing him; is that so, Mrs. Levy? - Yes, Sir.

You had told us all that you knew about it when my Lord stopped you before? - Yes, Sir.

You had had two or three conversations with this man before? - Yes.

You made an appointment with Clarke to come and meet him? - Yes, there were three parcels on the table, I had not paid for them, I was going to pay for them, I had agreed, and was going to get the money at the pawnbrokers.

Oh! that is your idea of a purchase; what was you going to pawn this bad silver? - They would not take them in.

Oh! they would not? - I suppose not, I am not acquainted with this sort of business.

You knew you was subjecting yourself to an indictment for a felony?

Mr. Sylvester. That is not law.

Mr. Garrow. I beg your pardon.

Mr. Justice Gould. You ought not to put it on that ground, you might as well call those accomplices to highwaymen, that go to take the highwaymen.

Mr. Garrow. I shall shew the Jury the character of this witness.

Mr. Baron Perryn . This woman has had frequent communications with this man, and she seems to me to be a decoy duck.

Mr. Garrow. How much money had you in your pocket? - About a guinea, or twenty-five or twenty-six shillings; I was going to the pawnbroker's.

What are you? - I dare say you can see.

But I wish the Jury to know what are you, who are you? - A woman, I cannot give you any better account than that.

That is unlucky; is that the only account you ever gave in this place? - The only account I ever gave in my life.

Is it; why, I believe my learned friend has cross-examined you before now? - I never was here in my life.

Upon your oath, was you never at that bar in your life? - I was never at that bar.

Are you a married woman ? - Yes, I am a married woman, and have two children.

Your husband is a pedlar when he is at liberty? - He is at liberty now.

Is not he in Newgate at this time? - No.

What is his other name besides Levy, is not it Lyon? - No, Sir, now you are quite out.

What is it?

Mr. Sylvester. It is very unnecessary to know the history of this woman.

Mr. Justice Gould. I think these trials ought to proceed with more gravity:

Mr. Garrow. My Lord, the want of gravity comes from the witness, and not from me, I cannot help the Court laughing at the nonsense of the witness; I am instructed, that her husband is now in the gaol of Newgate, and is to receive mercy in consequence of this woman's evidence here. - Then you are instructed very wrong, I assure you.

Mr. Baron Perryn . I do not see myself the impropriety of that question, because what that gentleman alledged last night in the case of Mrs. Rudd, with respect to the evidence of Mrs. Perreau, the Court refused to receive her evidence, because she thought the consequence would be, that her husband would receive mercy; and if this woman had now said, that the consequence of this man's conviction would be that her husband would receive mercy, it would have been material.

Mr. Sylvester. I believe the law is, that it cannot go to the competency of a witness; nor do I believe in that case that the Court refused Mrs. Perreau on that; I believe it was put to Mr. Bearcroft, whether he chose to examine her upon it or not.

Court. If it went to her credit, the question was proper.

Mr. Garrow. If any body has told the witness, it will have that operation.

Mr. Baron Perryn . I know a witness was rejected by Lord Chief Baron Parker , because he was under an honorary consideration to pay costs, not a compulsory one.

Mr. Garrow. Was you never in the custody of an officer before this time? - No.

Never for receiving stolen goods? - I never did receive any stolen goods; there is several of the name.

And you neither had paid for these things, nor had the three guineas to pay for them? - No, not quite.

Pray Mrs. Levy, I am desired to ask you another question, give a serious answer upon your oath; has not your husband very recently been in custody for putting off bad guineas? - No, not bad guineas.

For some offence about coining? - No, Sir, I will tell you; this was the second time that this man came; the first of this man's coming to me, he came with half a guinea, my husband was not at home, nor knew nothing at all about it; I told him when he came home, and I looked at it; says I, it is bad, and I would not have any thing at all to do with any bad money; he went away and came on the Monday; he asked me if my husband was at home, and I told him he was not; he bade me keep it, and he begged me to tell my husband to see if he could get any customers; on the Thursday, my husband took the half guinea, and went into that gentleman's shop to buy some tea and sugar, and that gentleman said it was bad.

Mr. Garrow. Your husband then was in custody, on a charge of having put off a bad half guinea? - He was in custody for having this half guinea.

Your husband being in custody on this subject, you then laid this scheme to bring the prisoner to your house? - I could not, I did not know where he lived, he frequently came and brought me silver after he knew this.

When was your husband discharged? - He was not discharged, he was bailed.

Mr. Sylvester. And he is now to be tried? - Yes.

Mr. Garrow. Now, my Lord, I ask her the question in Mrs. Rudd's case; I ask you, upon your oath, whether you have not laid this scheme to bring that man here, for the purpose of bringing off your husband? - Upon my oath I have not.

Do not you expect that the conviction of that man at the bar will prevent the prosecution of your husband? - I do not expect it.

Do not you hope it? - I do not hope to convict any body.

Do not you hope your husband will be discharged? - I do not suppose he will be discharged.

Did you never say so to that gentleman? - I never said any thing to that gentleman.

Did you never promise that gentleman to take the prisoner? - I never promised any body, I did not promise any such a thing, you want to persuade me that I told him things; there is as much honesty in me as there is in you.

Have not you been told that your husband will be discharged? - I have told you several times that nobody has told me so.

Have you, then I did not understand you. - Then I tell you so now.

Do not you expect it will be better for your husband, if that man is convicted? - I do not expect any thing about it.

Do you believe it? - I believe very little about it, indeed.

You are an unbeliever, is that the case? - Like yourself.

I do not believe what you say, if you you mean that; where is your husband? - I must be a witch or a wizard to know where he is now, I have been here since nine this morning, he was in bed when I came out this morning; if you was on the bench, I am sure you would cast him right or wrong.

Did not you lay this scheme to bring the prisoner to your house, that your husband might be discharged? - You could not blame me if I did.

Mr. Sylvester. This man came to you with half a guinea? - Yes.

What did he offer half a guinea for? - Eight shillings and sixpence, I paid him for that.

But you gave information that the prisoner had been with you? - Yes, I did not know his name, I had several times seen him with this silver; I had agreed for the payment of the money, and had received it from him.

Mr. Baron Perryn . If you cannot carry this matter any further than the evidence that is now adduced, I am of opinion it is not sufficient evidence, therefore it is the business of the Court to decide on that question, and if my brother Gould is of the same opinion with me, I shall not reserve this case.

Mr. Sylvester. It is your Lordship's wish as well as mine, that the determinations of the Court should be consistent, and that one day we should not reject evidence, which another we received; I do not believe there is an objection that can be stated by the ingenuity of man, but what has been taken, and has been considered; I defy the ingenuity of this gentleman to find a new objection; I remember this objection being taken, and taken by myself, and over-ruled; the answer to me has been this, the offence is compleat on the prisoner if he puts it off to you, and gives you the possession of it, he has done as much as in him lays; to do the subsequent part lays in the witness, to give the money; no one of the Gentlemen of the Jury would have have paid the money, but the moment he had possession of these counterfeit shillings, he would immediately have taken the prisoner up: I only wish we may know how far it is or is not evidence.

Mr. Baron Perryn . Upon the cross-examination of this woman, she has carried her testimony farther than she did on her examination in chief; and as you have another indictment against this man, why should you be so anxious to have a determination upon this.

Mr. Sylvester. My Lord, I wish it.

Mr. Baron Perryn . If my brother Gould concurs with me, the man must be acquitted; but if he thinks it such a case as is proper for the consideration of all the Judges, it shall be reserved for their opinion.

Mr. Justice Gould. I concur that nothing can be more clear, than that the act must be done according to the terms of the act of Parliament, and whatever progress it may have made towards it, if it is not finally compleated and finished, it does not reach that crime: however it may be right to take every possible method to repress such pernicious practices as these, the Judges are bound not to stretch laws that are to affect the lives of their fellow subjects: I remember a case I tried at York, and I reserved it; it was an indictment for coining a guinea and a half-guinea; the guinea was struck between two dies, with the head and with the reverse compleat; it was then delivered by the coiner, (for there was actual proof of the fact itself, of its being delivered) to a person standing by, and the purpose of it was manifestly and unquestionably to go and get it changed; but in the state that it was delivered out, the edges were rough, and it would not pass; nobody would take it; nothing could be proved of what became of this piece of counterfeit money: the objection as it has struck my brother now occurred to me, that it was treason brought very near to completion, but not quite completed: I let the trial go on, I acquainted the late Mr. Wallace, a man very eminent and particularly so in the laws of this country; I said, I did not chuse to let this pass publicly in the hearing of this whole county, for Yorkshire was then very famed for this, and I reserved the case: the opinion of the Judges was, that I was right in my conception, that the piece not being compleatly finished, it did not amount to high treason. The act of Parliament in this case says, shall take, receive, pay, or put off: now take the common idea of that; a man comes to a tradesman to pay for a piece of goods, that he is buying in his shop, before the tradesman has delivered his goods he discovers this counterfeit

money, the man intended and meant, if you please, to put off that money, but it had not its effect, it was stopped before it reached the goal; the legislature in my opinion upon the act of Parliament that occurred to me, have themselves decided this matter, in the act of the fifteenth and sixteenth of his late Majesty, there the offence, which I apprehend this amounts to is provided for; if any person after such a day shall offer or tender in payment any false or counterferfeit money, he shall be liable to be imprisoned for six months: this was offering and tendering this false money, and it would clearly come within that act of Parliament, but within the term pay or put off as it strikes my idea, it falls short of the import conveyed by those words, therefore I do concur in opinion with my brother Perryn; altho' it is said here at the bar, that this matter has passed several times here, and then we are told that all the ingenuity of council cannot invent a new objection, that there is no objection that could occur to the ingenuity of man, but has been started here and thoroughly discussed; I confess, I never heard a question of this kind before, therefore it comes to me purely and simply upon the terms of this act of Parliament, and if we are to understand these words not with a legal acceptation, but a vulgar acceptation, what does a man mean when he says I put off such a half-guinea? why, I have got rid of it; therefore we ought to refer to the natural acceptation of the term, and this evidence does not reach it: therefore I am of opinion that in point of law the offence is not proved.

Mr. Sylvester. My Lord, that act of Parliament your Lordship mentions is for offering, or tendering in payment, as and for a good piece of legal coin, false money as good money; the objection would be, it cannot come within that act of Parliament, he does not utter it, or pay it as good money, he pays it as bad money.

Mr. Baron Perryn . It is not usual to reply to the Court, you have heard the opinion of the Court.

Mr. Justice Gould. You should look at the act of Parliament, the words are,

"shall after such a day offer or tender in

"payment any false or counterfeit money,

"knowing the same to be false and counterfeit."

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron PERRYN .

Reference Number: t17840225-96

358. The said RICHARD WOOLDRIDGE otherwise JONAS WOOLDRIDGE was again indicted, for that he, on the 29th day of January last, one piece of false and counterfeit milled money and coin, made and counterfeited to the likeness and similitude of the good, legal and current milled money and coin of this realm called a half-guinea, the same not being then cut in pieces, unlawfully and feloniously did put off to one Elizabeth Levy , at a lower rate than the same did import, to wit, for eight pieces of current silver coin of this realm called shillings, and one other piece of current silver coin of this realm, called a sixpence, being together of the value of 8 s. 6 d. against the form of the statute .

A Second Count, for putting off one piece of counterfeit milled money called a half-guinea, &c. for eight shillings and sixpence, against the statute.

Mr. Sylvester of Council for the Prosecution thus opened the case.

Gentlemen; I did not think it right to mention this indictment, in the beginning of the former trial, because though I wish justice always to take place between the crown and the prisoner, I for one will never endeavour to prejudice the minds of the Jury; for which reason cautiously did I avoid it, nor did I suggest the least hint whatever of this offence, I wished that trial to turn on that simple fact of the shillings; the question now is, Whether the offence mentioned in this indictment, which has now been read to you, is, or is not compleat? because -

Mr. Garrow. I beg Mrs. Levy may go out of Court while Mr. Sylvester is stating this.

Mr. Sylvester. The character that has been given of the witness, Mrs. Levy, I believe she does not deserve; the way to affect witnesses, is to call people to impeach their testimony; you will judge what credit is due to her testimony, and whether it remains unimpeached. The story of this indictment she has pretty nearly told you on her cross-examination; as well as the former; that on the 29th of January the prisoner came to her, and wanted her husband to get some customer to buy counterfeit money; that one particular half guinea was left for some days, and that at last it was bought, and eight shillings and sixpence was paid for this half guinea; the husband going with this half guinea, and tendering it in payment as a good half guinea, because otherwise, in my opinion, it is no offence, the tradesman said, how did you come by this; then it was discovered that it came by this man, the prisoner; he had been traced by the officers of justice backwards and forwards to Levy's house; they watched him and took him into custody, and found a large quantity of counterfeit money upon him; in this case, the money was actually paid for the half guinea, therefore the offence was perfectly compleat, and if so, you must find the prisoner guilty. If on the other hand, the evidence should not be sufficient to reach him, or he has a clear defence to this accusation, I, for one, shall rejoice in his acquittal; and as to the Mint, although they think it their duty to stand forth to prosecute every offender, and to protect the public, they have no wish or inclination on either side of the question.

ELIZABETH LEVY sworn.

The 29th of January was the first time the prisoner came to my house; he asked me if my husband was at home, that was this day five weeks, I cannot rightly tell the day of the month, I told him my husband was not at home, and I asked him his business, than he shewed me half a guinea to buy it.

Court. He asked you to buy it, did he? - Yes, Sir, I told him it was a bad half guinea, and he said it was; I asked him then what he asked for it; he said, eight shillings and sixpence; I told him, I thought eight shillings and sixpence for a bad half guinea was a great deal of money, and I told him I could not say any thing to it, I would shew it to my husband, and he would call again, for being Saturday, I could not pay him

Court. What it was your sabbath, was it? Yes, Sir.

So your conscience would not let you pay for it that day? - No, Sir; he called again on the Monday following, and I told him I did not much like to have any thing to do with it; then he over persuaded me, and said there was two shillings that I might get by half a guinea, and I bought it of him, and gave him eight shillings and sixpence for it.

Court. And you actually bought it? - Yes, Sir.

And did you pay for it? - Yes, Sir, I paid him eight shillings and sixpence for it.

Are you sure it was the prisoner you dealt with? - Yes.

Had you known any thing of him before? - I had seen him several times before.

Had you ever any dealings with him before? - Once, a good while back.

And only in that instance? - Only in that.

Mr. Sylvester. When did you see him after that? - I saw him on the Thursday following, he called and had nothing with him, and he called on Friday, as I have said; I am sure of the man, I do not come here for gain or interest; I gave the half guinea to my husband in his pocket on the Thursday, as he called on the Friday.

The remainder of this Trial in the next Part, which will be published in a few Days.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY OF LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 25th of FEBRUARY, 1784, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM , Esq; LORD MAYOR OF THE CITY OF LONDON.

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of Richard Wooldridge .

Mr. Garrow. Is your husband here? - No, he had no call to be here.

Now, the first time that he came to you, you say, that he left the half guinea with you? - Yes.

You did not then bargain for it? - I was only to keep it and shew it, I was afraid to look at it almost, for I did not like the thoughts of bad money, and I know the consequence of people being brought into trouble.

I think you said you had once before dealt in bad money? - Yes, once with him, but never with any body else, I had bought half a guinea worth of silver of him, and if he had not come to me, I should not have gone to him.

And so this half guinea shocked you, and frightened you so, that you was afraid to look at it? - I never mentioned any thing of shocked.

Well, frightened? - No.

Afraid then? - It was very pretty.

At last you gave it to your husband? - Yes.

What became of it after you gave it to your husband, you do not know of your knowledge? - He laid it out.

Why will not you tell me that you know nothing at all about it? - I do, Sir.

Your conscience would not let you pay for it on the Saturday? - No.

Then your conscience is of this sort, it will let you make an iniquitous bargain of a Saturday? - I did not make any bargain of a Saturday, I bargained and paid for it on the Monday.

Did you go to the pawnbroker's? - No, I had as much about me.

Your husband gave you information that he was in trouble about this half guinea? - Yes.

He was taken up for uttering that half guinea, and gave bail? - Yes.

How long was he in custody? - A week.

Did the Solicitor of the Mint consent to his being discharged? - I do not know.

Where was he bailed? - Before them that committed him, somebody up in Bow-street.

Mr. Garrow. Miss Lestley, was you acquainted with Levy? - No, I never saw him before.

So that you received it of a man, whose name you afterwards heard was Levy? - I saw him afterwards at Sir Sampson Wright's.

Was the prisoner there then? - No, he was not.

CHARLES LESTLEY sworn.

I am a grocer; I was present when my daughter received that half guinea from a man of the name of Levy; that is the same half guinea.

Mr. Garrow. You did not know him before, I suppose? - No, never.

A man gave that half guinea to your daughter, whose name you afterwards understood was Levy? - Yes.

Mr. Justice Gould. Was you at Bow-street; did you see the man there? - I did not; I took him, he ran away as hard as he could, he ran up two streets, and I ran after him and took him to Bow-street, and he emptied his pockets of bad silver.

What charge was made against him at Sir Sampson Wright's? - For uttering a bad half guinea he was committed; I know nothing about his being admitted to bail, only as I have heard; I do not know how long he was in custody.

Mr. Sylvester. It is the same man? - Yes.

CHARLES JEALOUS sworn.

I searched the prisoner, and in his breeches pocket I found these four half guineas; I also found six shillings in his breeches pocket, and two bad sixpences in his fob pocket; the six shillings were all bad.

Did you find any thing more about him? - Yes, in his coat pocket he had a bag of silver, with a vast quantity indeed, which are the same pattern of these six shillings.

Mr. Garrow. Was it before or after the prisoner was apprehended, that her husband was in custody? - Her husband was in custody before the prisoner was apprehended.

Was he in custody at the time? - I do not know.

You went there by the appointment of Mrs. Levy? - I shall not tell you without submitting it to the Judge.

Court. It is very proper.

It was by the particular desire of Mr. Clarke; I knew nothing of Mrs. Levy; she did not make that offer; I did not apprehend Levy; I was not present when he was examined.

How many parcels of silver were there on the table? - I cannot tell; I know the prisoner what a comical sort of a gentleman he is at sometimes.

Were there not seven or eight? - I cannot tell indeed; four or five there might be.

JOHN CLARKE sworn.

Examined by Mr. Sylvester.

You have been employed for the Mint about fifteen or sixteen years past? - A good many.

You went to Levy's house? - I did on Friday the 6th, the very day that I was taken ill; I went into the one pair of stairs, there I saw the prisoner at the bar, and Mrs. Levy, sitting at a table by the fire, and upon the table there lay three nine and twenty shillings worth of silver, in three parcels of silver, I counted them, and in each parcel there were twenty-nine shillings; I desired Jealous to search the prisoner in my presence; he did so, and in his pocket he found a canvass bag, and I think there was twelve or thirteen pounds, besides the three parcels that were found on the table; (the three parcels shewn him) I think there were four counterfeit half guineas, and six shillings which are in the hands of Mr. Jealous.

Mr. Sylvester. Have you compared the shillings in the parcels and in the bag with those in his pocket?

Mr. Justice Gould. This is only a circumstance to denote that this man dealt in bad money.

Mr. Garrow. That is evidence about his character.

Mr. Baron Perryn . Have you any monier of the Mint, to shew that this was bad money? - Yes, my Lord.

Mr. Garrow to Clarke. You took the prisoner and Mrs. Levy both into custody? - Yes, I did at first.

She was a good deal frightened and alarmed at your coming into the room? - I do not suppose she was so much frightened as what you may imagine; the fact is this, after her husband was taken into custody, it was thought necessary to get at the branch and at the root of it, and the woman herself said, she would give up the person whom she had the half guinea of.

In order to save her husband? - No, Sir, no such thing; he is under process at this time, to appear at Westminster sessions.

I would ask you, if I may be permitted, whether you do not, upon your oath, believe that that woman expects her husband will be discharged in consequence of the prisoner's conviction?

Mr. Justice Gould. Though that affects her credit, it does not affect her competency.

Mr. Garrow. I am as well contented that it should go to her credit.

Mr. Sylvester to Clarke. You have seen all the half guineas? - All but that of Mr. Lestley's, which I never had in my hands.

Be so good to compare them.

(Clarke looks at the half guinea and the others.)

Mr. Garrow. If the half guinea which is now produced to you by that gentleman, had been produced to you by any body else, could you have distinguished it from a good half guinea? - Not a doubt of it, if it had been out of my possession for seven years.

Could you distinguish that one from the others that are produced to you? - No, I do not say that.

They are so much alike, that though you could distinguish them from good half guineas, you could not distinguish them from these? - It is too much for me to swear it, I would not swear it.

I dare say you would not.

RICHARD FRANKLIN sworn.

I am a monier of the Mint; this is counterfeit, and the others also.

Court. How do you know that they are bad? - By the milling.

Is there any gold in it? - It is impossible to distinguish that, without an assay.

Mr. Clarke. Whoever made one made the other; I should not like to give above sixpence; in short, they are worth nothing; I should not suppose there is any gold in it.

Mr. Garrow to Franklin. You have said it is impossible to ascertain, without an assay, how much gold there is in this half guinea? - Yes; one of the reasons that I think it is bad is, that the milling is very badly executed.

Might not a good half guinea be so clipped, and afterwards milled by an inexpert hand, as to produce that sort of milling that is now on this half guinea? - It might be so done.

Court. Does it appear that this half guinea has been clipped? - No.

Can you tell that by your eye? - Yes, I speak from the whole, but the milling is what I know by.

Mr. Clarke. You will find that the very outlines of the die is upon the money, therefore when it comes to be milled, or taken off, it must reduce it.

Mr. Garrow. My Lord, admitting the whole of Mrs. Levy's evidence to be true, for the sake of argument, I humbly submit that there is no evidence, that this half guinea was the half guinea that Levy uttered, because Levy is not produced.

Mr. Baron Perryn . That is proper evidence to be left to the Jury.

Mr. Garrow. There is no proof that it is the same half guinea that he received from his wife.

I went to Mr. Levy's to see him; I knew him some time; he said he would help me to some employ; he was out of town, and I called again the next day, and she bid me stop a bit, and she began telling this money over; I had no time to say any thing to her, she had them in the room when I went in; she said here is somebody coming up; says she, put that bag in your pocket, and she had some shillings that she was looking at, and there was somebody coming up stairs, it was these gentlemen; says she, here is somebody coming up stairs, and, says she, put them in your pocket; I put the silver in my coat pocket, and the half guineas and shillings I put in my breeches pocket.

Court. What do you say as to offering the half guinea to her? - I never saw that, I know nothing of it; there were four on the table, that was all that I saw.

Court to Jury. This is a case that comes directly within the act of parliament; this depends intirely on the credit you give to Mrs. Levy's testimony: as to the want of the evidence of Levy being produced, that does not, in my apprehension, make any great difference in this case; because, if the prisoner offered to sell any counterfeit money, he has been guilty of the offence which is within the act of parliament; it seems to me, that if any half guinea is now produced to you in evidence, which was uttered by the prisoner at the bar at a less price, it is sufficient.

GUILTY .

Mr. Reeve. My Lord, this is a man who has had once his Clergy, it is the wish of the Mint, that he should be proceeded against as Rothwell was.

The sentence on this prisoner, which is that of Death, he having before had the benefit of Clergy, was not passed, but respited to next Sessions .

I am a grazier ; I lodged all the winter at the dwelling house of Thomas Babbington ; I lost a wooden box, value 10 s. I saw it at seven o'clock on February the 13th, and before eight my room door was broke open, and my box and a bundle of linen was taken away, with the things mentioned in the indictment; a great part of the things have been found, and are in the possession of Mr. Jealous.

CHARLES JEALOUS sworn.

Produces a coat, some shirts and neckcloths, a new book, and a pair of stockings.

(Deposed to.)

DOROTHY BABBINGTON sworn.

Mr. Newcomb lodged at my house in February last; I went up a little before eight on the 13th, and I found the prosecutor's door wide open, and his box gone; I have repeatedly seen him wear that coat and waistcoat, they had silver buttons.

Any body else? - Another working man, a watchmaker, very honest people.

Do you keep a servant? - No, not these two months.

MARY MAVIN sworn.

The prisoner lodged with me, I know nothing further of him; it is three weeks last Saturday since first his wife took these lodgings; I know nothing concerning these things, he always behaved to me in the character that he took it in, as a shoemaker ; I know nothing of the things, till Mr. Jealous came into the room and took them; I never was in the room the whole time they were in the house; I live at No. 14, New-street-hill.

Are you a married woman, or a single woman? - A married woman, my husband keeps the house; I have other lodgers; my husband is a taylor.

This room was not taken of you by the prisoner? - No, his wife took it.

Or, to speak more regularly, a woman took it, whom you thought to be his wife; you never heard him call that woman his wife? - No, I never saw him till they brought their goods.

CHARLES JEALOUS sworn.

On the 18th of February the prisoner was brought to Sir Sampson's, and he asked him where he lived, and he said he did not chuse to tell him; I was then told immediately of a woman at a certain place, who was called his wife; curiosity led me to watch her home, and I watched her to No. 14, New-street-hill , I found there this quantity of picklock keys, six shirts, this coat and waistcoat, three neckcloths, and a book; they have been in my custody ever since.

Court. Do you know who lodged there? - Only as I was told.

But you must not tell us that; did you ever see the prisoner there? - No, when the prisoner was brought to the Office, before Sir Sampson, and when I produced the property in that box, Sir Sampson asked him how he came by it; he said, he had bought them, and would tell who he bought them from, if Sir Sampson would admit him an evidence.

Mr. Garrow. Do you happen to know how long it was after the things were lost before you found them in this box? - Several days.

From the 14th to the 18th? - Yes.

Now, as to the conversation that passed at the office, are you quite sure at this distance of time; you hear many conversations? - If it was for seven years, and I saw your face, or any man's face, I could remember him.

I have seen so many instances of your recollecting faces, that I can believe that; but I say as to the conversation? - Yes, I can.

Mr. Sheriff Skinner. Was there any money found on this man? - Yes, Sir, Atkins found it.

Court to Mary Mavin . Was you before the magistrate? - Yes.

Did you hear the prisoner say any thing? - My memory is but bad, I cannot remember.

Mr. Garrow. Her memory is not so good as Jealous's.

JOHN ATKINS sworn.

I am servant to Mr. Newport, at New Prison, and I attend at the Office in Bow-street, to bring prisoners backwards and forwards; the prisoner was brought by a constable, and some other people, to the watch-house, on the 18th of February.

Do you know any thing that the prisoner said before the magistrate? - Yes, when Jealous came back, he said he bought those things, and if Sir Sampson would admit him an evidence, he would tell who he bought them off; I took him into another room, and I searched him, and in his pocket I found a watch, and in his breeches pocket I found five guineas, and six shillings and sixpence: I took him over the way, and searched him further, and on his taking his stockings off, I found twelve guineas and a half in his stocking foot; I brought him over again there, and Jealous was in the

parlour with the box, and he owned some part of the property, and said he found it then; I do not know what part of the property it was.

Mr. Garrow. Was this confession in writing? - No.

Is not it the constant custom of your office to take it in writing? - No, Sir, I do not know that it was.

Do you know it was not.

Court. I do not take it to be a direct confession.

Mr. Garrow. Now this man had been in custody of your mirmidons, and he had hid his money, for fear you should steal it from him, that is the case; is not it? - You may think as you please.

The prisoner called three witnesses to his character.

GUILTY. Of stealing to the value of 39 s.

N. B. This sentence respited; see Part V. this prisoner tried and capitally convicted, but his case reserved for the opinion of the Judges .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840225-98

360. JOHN SMITH was indicted for feloniously stealing, on the 19th day of January last, one man's cloth great coat, value 10 s. the property of John Jefferson .

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840225-99

361. WHEELER JOHN , JOSEPH GOODALL and THOMAS ROBINS were indicted, for burglariously and feloniously breaking and entering the dwelling house of William Mansell , on the 24th of February last, about the hour of eight in the night, and feloniously stealing therein, four earthen ware tea cups, value 2 d. three china cups, value 1 s. five china saucers, value 1 s. one earthen ware tea pot, value 1 s. two wine glasses, value 6 d. and one other glass, value 1 d. the property of the said William .

The witnesses examined apart at the request of the prisoner.

WILLIAM MANSELL sworn.

I live in Vincent's Court, Silver-street , No. 3, I have kept house there about half a year; the 24th of February the window was broke open, I was not at home, I lost a small globe glass mentioned in the indictment, the constable has it, I lost nothing else to my knowledge.

ANN MANSELL sworn.

I am wife of the last witness; on the 24th of February last, in the evening, about half past seven o'clock, I was up in my two pair of stairs room, it was quite dark, and having a lodger in the first floor, she heard a noise, and we both went into the kitchen, and found the sash up, and the shutter open; the kitchen is even with the ground; I fastened the window about half an hour before, the shutter I fastened with a couple of bolts.

Court. Was it dark at seven? - Quite dark; when we came down stairs, seeing the sash up, we went up again, and called out from the one pair of stairs for assistance, and one Thomas Hamilton came, and I went down with him, and found both the bolts were wrenched half way off, I did not see any violence done to the windows, and the things mentioned in the indictment were removed on the window-edge, and there was a little glass bottle that had been a preserver of oil, that my little boy had stuffed full of silks, pink and blue, taken away, the things were taken out of the cupboard close by the window-seat, in the window-edge; I lost nothing of value, only the little bottle with the silks, which was produced at Guildhall; I know nothing of the prisoners.

Court. What are you? - I am a taylor, I live in Addle-street, and have lived there years, I am a house keeper; on Tuesday night last, the 24th of February I went to my door, which is directly opposite this court; opposite my door I found three men, I watched about five minutes, there was a lamp directly over the court, at the entrance.

Court. Look at the prisoners, can you tell by that lamp light that the prisoners were the men? - Yes.

You speak to them all three? - Yes.

Be very sure, it is a matter that affects their lives. - Yes, I am very sure, I suppose I saw them half an hour in the court; they were walking backwards and forwards, and I saw Wheeler John cross the way, from the other two, and go into a green shop, he crossed again and came past me, and went round the corner into Wood-street, and he came back to the other two, who stood at the bottom of the court, and then he and Robins went up the court; Goodall waited at the bottom, and presently the other two came running down the court and joined him; and they all went to Addle-street together.

Is this court a confined court, or is it open at both ends? - It is a confined court; as soon as they got out of sight, I heard the cry of murder, and thieves! I went up the court, and saw the woman out of the window, who begged me to get in, for there were thieves in the house, I saw the windows were o pen, and the window sashes thrown back, the bolts wrenched off, only hung by a nail that one might turn it round with one's finger; the woman came down and let me in, I searched the house, and below there stood the china, and tea pot, and some things ready in the window, they stood one in the other.

Jury. What distance might you be when you was making these observations? - I do not know, two coaches can hardly pass the street one by the other; I went out afterwards, and at the bottom of Bartholomew Lane, the corner of Whalebone Court I saw the same three men again; there is a great light there, I heard no conversation, I watched them till a coach turned up the lane, then I lost sight of them, I then went up Throgmorton-street, and found them at the bottom of another court, I passed them, and had them apprehended, I heard them say nothing at any time; in the court where Goodall was taken, we found an iron crow, about two or three yards from him, I did not see it found; the first that was taken was Robins, he had a scuffle with the man that took him.

Prisoner Goodall. The crow was brought in a quarter of an hour after I was taken.

JOSEPH STREET sworn.

I am a soldier, I took Robins, and brought him into the Black Swan, Anderson came there and asked me to assist him, he pointed to Robins, and said he was the man; when the constable was searching him, I saw him drop something, I picked it up, and it was a bottle full of silk, they were left with the constable, but I do not know who took the other two, there was nothing found on them.

WILLIAM WILLIAMS sworn.

I took Goodall in White Lyon Court, Throgmorton-street, I brought him to the Black Swan, I found nothing on him; both the other prisoners were brought there, Street the soldier brought in one, there was found on one a glass bottle and some raw silk of various colours.

Upon which was it found? - At the feet of Robins.

Were the prisoners near to each other? - Yes, about a foot.

Then you cannot tell us from whom this glass bottle came; all that you know is, that in that room was found that bottle? - Yes, the constable has the bottle.

FREDRICK MILLAN sworn.

I am constable, I took charge of the prisoners, they said nothing particular, I searched them, and found nothing on them, but two clasp knives; I saw the glass bottle

found, I did not see it dropped, it has been in my possession ever since.

(The bottle produced and deposed to.)

PRISONER WHEELER JOHN'S DEFENCE.

I stopped at the end of this court, and I was taken, I am innocent of the affair.

PRISONER GOODALL'S DEFENCE.

I happened to go up a wrong court, which was not a thoroughfare, and I was coming back, and was taken.

PRISONER ROBINS'S DEFENCE.

I was coming home, and running, I turned too sharp and my foot slipped, and the man took and struck me; I made no resistance.

Court to Anderson. Who took Wheeler John? - I did not see him taken, I saw him after, I mentioned it at the Swan.

ALL THREE NOT GUILTY .

Court to Prisoners. The Jury have leaned to the merciful side in a doubtful case; but if you are satisfied in your own minds, that you have been guilty, I hope you will take very great care how you get into such a situation in future.

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840225-100

362. DANIEL JONES (a Black), was indicted for feloniously stealing, on the 12th day of February last, one promisory note, called a Bank note, dated No. 158, London, 9th of March, 1782, for the sum of 10 l. signed by Thomas Ormes , for the Governor and Company of the Bank of England, thereby promising to Mr. John Hunt or bearer on demand, the sum of 10 l. which said note was the property of Theophilus Walford , Esq ; and the said sum of 10 l. due and unsatisfied to the said Theophilus, against the form of the statute .

THEOPHILUS WALFORD , Esq; sworn.

I live in Red Lyon Square, the prisoner was my servant ; in February last, I lost a ten pound Bank bill, about the 12th of February, the note is in Court, the constable has it, the number of it I do not know.

Court. Can you be able to ascertain it when it is produced? - I cannot identify the note, it was one of ten, which I received on the 7th of February, in exchange for a check on Mr. Boldero, for the Banker, for one hundred pounds, and these ten notes were brought to me by Mr. Thomas Clarke , one of my clerks.

Court. Were they all in the same name? - They were in different names for ten pounds each, I did not remember the name that was in that note: I was dressing to go out to dinner, and being rather late, I did not change my breeches pocket, and in my breeches pocket was this ten pound Bank bill, (which I am speaking of,) there was also a guinea and some silver; the prisoner came to me about two hours afterwards, where I dined, and said, Sir, you have not changed your pockets, I brought your money; and he gave me a guinea, and I believe seven shillings; I had no money about me, which I discovered in three minutes after I went out: I told the prisoner when he came: to me, that there was a Bank bill in my pocket of ten pounds value; he said he did not see one, he had not found one; I then ordered him very peremptorily indeed not to meddle with my clothes, but to let them remain where they were, till I came home: but he acted opposite to that.

Mr. Garrow, Prisoner's Council. That you do not know. - Yes, I do, he acted opposite to this, as he told me afterwards, that he went home and searched my pockets.

Court. When did he tell you this? - He told me so that evening before he was taken up, and before I told him I suspected him.

What did he tell you that evening, do you recollect the words? - In coming home pretty late in the evening, he said to me, Sir, that Bank bill is not in your pocket, I replied with some degree of quickness, how do you know? did not I forbid you to touch my pockets, what have you

searched them? he said he had, assigning for a reason, that as I had said it was there, he was willing to see whether it was there or not; when I came home I ordered my breeches to be brought and searched, and there was no Bank bill.

Court. Who did you order to bring them? - I think it was one of my servants or else my wife, it was not the prisoner; I ordered my servants up stairs.

Court. Before the servants were ordered up stairs, had you said any thing about the loss of this bill? - I cannot be sure.

Recollect. - I do not think I had, for I charged the prisoner instantly, when I had searched my breeches, says I, you have robbed me: now I recollect one of the servants was there, and I sent her to fetch the others, and she might probably tell the others.

Who was that servant? - Elizabeth Hester , she is not here: I ordered the other servants to turn out their pockets, but did not order him to turn out his, which was something extraordinary, but my wife suggested to me that I should, Oh! says I, he has parted with it before this time, for he had been out all the evening, he had asked his mistress leave to go out: he told me he was out part of that afternoon: on the Saturday afternoon following he was searched at the lodgings of a woman that he kept, that he cohabited with.

Court. How do you know that? - She owned so.

You know very well, you cannot tell me that? - He told me so himself, he called her his wife, but he afterwards said she was not: I was present at this lodging when Edward Lucas a constable searched him, and took this ten pounds Bank bill out of his pocket.

(The bill produced.)

Court. Can you recollect whether you had that identical Bank bill? - I cannot, I know that this was the bill that was taken out of his pocket, but I cannot tell that this was the bill that I lost.

Are you sure that all the other notes you received were ten pound notes? - Yes.

Are you sure that you had all the remaining notes at that time? - No, I had used two, but I took them from this parcel, they were not mixed with any other I am confident.

Can you ascertain at all what notes you had paid away? - No, I cannot; when the constable took the bill out of his pocket, and said, Oh! here is the Bank bill, says the prisoner (looking very impudently at me) why then Sir, you put it into my pocket.

Mr. Garrow. You have given your evidenceas you are naturally expected to do, very candidly, Sir; you are in some uncertainty how many Bank notes you had used, perhaps two, perhaps three? - I rather think two.

Consequently this may be one of those that you had paid away? - I do not conceive it is one of them.

Court. Had you that morning that you went out this Bank note in your breeches pocket? - I perfectly well remember having it in my hand, in my breeches pocket when I came in to dress; that note which I lost.

Mr. Garrow. You had taken two ten pound Bank notes from a parcel of notes, and you lost one, but whether this note now produced in evidence, is the one you lost out of your pocket, or one of those you paid away you cannot tell? - I cannot distinguish it from one of those I had paid away.

Did the prisoner attend you to the family where you dined? - No.

Where do you dress, in your study? - I dressed that day in my parlour, for I was in a great hurry.

To which parlour the other servants have access as well as the prisoner? - Yes, they might have been in, and were in, no doubt, while the clothes lay about.

You have likewise several clerks that may go in if they chuse it? - Yes.

When the prisoner came to you and brought your money, you apprized him

Therefore he could have returned it into the pocket if he had chose? - Yes.

Did he refuse that night to have his pocket searched? - Not at all.

I believe in consequence of your suspicions you dismissed him your service that very night? - Yes, I ordered him not to sleep in the house, but to come to me in the morning.

Did he come in the morning? - He did, I was busy, and could not talk with him then.

Then he had the whole afternoon of Thursday, the whole day of Friday, and of Saturday to dispose of the Bank note to his wife or any body he pleased? - Yes.

On the Saturday however this Bank note which is now produced in evidence, God knows where it came from, was found in his pocket? - Yes.

Was it found in that state of care that you and I would take of a Bank note? - It was so (in a careless manner.)

The prisoner can neither read nor write? - I believe not.

Now I will ask you a question, Sir, that is sometimes attended with risk; what was your opinion of the prisoner before this? - My opinion of him before was, I thought him a very honest man; I had the best character with him when I hired him that I ever had with a servant in my life.

I think it was not probable that Mrs. Walford should bring your clothes? - It was most probably a servant.

Do you know that when the man went home he carried the papers to a Mr. Brooks? - The prisoner told me he did go immediately from me at dinner, and took the papers out of my waistcoat pocket to Mr. Brooks, and said, Sir, are either of these a Bank bill?

Did he communicate to those clerks that he consulted on the subject, his reasons for asking the question? - I understood he did not.

Was not it known, from the prisoner's communication, before you came home, that there was a Bank note lost? - I understood not, that it was not known even to Brooks; I conceive that the Bank bill was put in his pocket that day, from what happened; I told him on the Saturday, when he was at my house, that I should search his lodgings, and I bid him wait in my kitchen till I had dined.

Did he wait? - Yes.

When you discharged this man, or at any time, did you pay this man his wages in any sum of money? - He has had his wages in little sums, one guinea, and two guineas for the funeral of a child.

Within what time may you have paid him this money? - I paid him ten guineas in three or four months; he has been with me eleven months.

THOMAS CLARKE sworn.

I am clerk to Mr. Walford, he is an attorney; on the 7th of February, he gave me a check on Boldero's, for one hundred pounds.

Mr. Garrow. Will your Lordship have the goodness to let the note be read, that may shorten this prosecution.

(The note read.)

"No. 158. I promise to pay to Mr.

" John Hunt , or bearer, on demand, the

"sum of ten pounds. London, 9th March,

"1782. For the Governor and Company

"of the Bank of England.

T. Ormes."

"Entered W. Mullins."

Mr. Garrow to Mr. Walford. Have you any body here that knows Mr. Ormes? - I believe the clerk does.

Mr. BOLDERO's CLERK sworn.

I know Mr. Ormes, he is a cashier in the Bank.

Mr. Garrow. Do you know Mr. Ormes's hand writing? - I have seen several Bank notes signed by him.

Mr. Garrow to Mr. Walford. Have you any body else that knows his hand writing? - Mr. Ormes told me it was his hand writing.

Court. Have you ever seen him write? - I cannot say I have.

Court. Is there any other witness that can prove the hand writing of Mr. Ormes? - No.

Mr. Garrow. My Lord, then my objection is this; that the indictment sets this note out, and states it as a substantive fact, that this note is signed by Thomas Ormes , for the Governor and Company of the Bank of England; it does not say, that it purports to be signed by Thomas Ormes .

Court. I conceive, whatever you chuse to lay in an indictment as a fact, that you must prove that fact. I remember an indictment for the delivery of a challenge, and that challenge was stated to be in the hand writing of the party who delivered it; the delivery was certainly the offence, but we failed in proving the hand writing; and I remember it was fully the opinion of the Recorder, that if you state a fact, you must prove it: I therefore think, in this case, as they have not laid it in the indictment, purporting to be signed by Thomas Ormes , and as there is nobody that can prove the hand writing of Thomas Ormes , that the prisoner must be acquitted. If that was proved, I do think there is evidence to go to a Jury, under all the circumstances of this case.

NOT GUILTY .

Court to Prisoner. Prisoner at the bar; you have been acquitted on this occasion, I may say, by an accidental circumstance of a hand writing not having been proved; there certainly were circumstances of great suspicion in your case; you must know, in your own conscience, whether you are or are not guilty of the offence; it behaves you, as a servant, to be particularly cautious of your conduct, for if you are guilty of offences of this kind, you may very probably come to a very serious end.

364. HARTY HART was indicted for feloniously stealing, on the 15th day of January , two pair of linen sheets, value 8 s. one linen shirt, value 4 s. one woollen coat, value 5 s. one great coat, value 2 s. one pair of white cotton stockings, value 12 d. and a striped silk and cotton waistcoat, value 12 d. the property of Joseph Stoney .

JOSEPH STONEY sworn.

I am a silver plater ; I went out in the dusk of the evening; I have a shop in the garret; I left my errand boy, whose name is Arnold; I did not return till ten; when I returned, the door was locked, and the boy was coming up stairs; he let me in; then I sat down before the fire, and the first question the boy asked me was, whether I had been meddling with the bed; I told him, no; he went to make the bed, and there was a pair of sheets missing, and then I looked, and there was; and all the clothes I had in my box, and which are in the indictment; I saw the sheets on the box, and the Sunday before I saw the other things; the box was not locked; I missed them on the Wednesday; I know nothing more.

Do you know the nature of an oath? - I know I am not to tell a falsity.

Can you say your catechism? - Yes.

- ARNOLD sworn.

I live in Crooked-lane now, No. 15; I was Mr. Stoney's errand boy when he was robbed; there was nobody in the room while my master was out, that I know of, but the prisoner, and when my master came home, the things were gone.

Court. Who first found out that they were lost? - I did.

Did you find it out before your master came in? - No, I let my master in, and he took a book as he generally used of a night, and sat down by the fire; he told me to make the bed, and I asked him if he had been pulling the bed about, and he said no; then I pulled the clothes off, and there was a pair of sheets missing from the bed; and he looked in his box, and the other things were gone out of it; the box was unlocked, but the lid was down; I know the prisoner, he lived facing my master a good while; he came up stairs to me that evening while my master was out, I was in the next garret, and he came and looked into that room, where I was, and I got up; he asked for master; I told him I expected my master in about seven, and that I was going down stairs to light a fire, and he might stop; he came down along with me, and I unlocked the door, and as I was lighting the fire, he stood by me; he asked me if I had any aqua fortis, and I told him no.

Do you recollect whether the sheets were on the box then? - Yes.

You are sure of that? - Yes; I told him he might get a pennyworth at any of the druggists, and if he had a mind, when I went down, I would get him some; when I had lighted the fire, I stood by the fire, and he said, Jack, you had better go up to work; so I thought I might as well, for fear my master should be angry; so I said, you can fit in the dark, cannot you? and I went up to work and left him in the room; and in about a quarter of an hour, I came down, and I heard him going half way down the one pair of stairs, and I asked him if he had locked the door, and he said, no; I knew his voice.

Did you go into the room then? - No, I only looked to see if the fire was safe.

Did you see whether the sheets were in the bed, and upon the box then? - No.

Do you think you should know the sheets at all? - No.

- BRANNON.

How old are you? - Going of ten.

What will happen to you if you tell a lie? - I shall go to hell, Sir.

You know it is only bad boys that tell lies, good boys never tell stories? - No, Sir.

- BRANNON sworn.

I saw the prisoner go down stairs with a bundle under his arm; my father lives on the same floor where Mr. Stoney lays.

Did you know the prisoner's person? - No, I followed him down stairs.

Did you see his face? - No, Sir, I did not.

Is that staircase a light staircas e, or a dark one? - It is a very dark one.

Are you sure that was the man you saw go down stairs? - No, Sir, I am not sure, I cannot swear to the man.

What sort of a bundle was it? - A bundle almost as big as himself, I could not see the colour of it.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-103

364. THOMAS DIXON was indicted for feloniously stealing, on the 6th of February last, one linen handkerchief, value 10 d. the property of Archibald Sinclair .

GUILTY .

Whipped .

Tried by the second London Jury before Mr. Rose.

Reference Number: t17840225-104

365. JOHN LLOYD and JOHN SMITH were indicted for feloniously stealing, on the 9th of February last, sixty pounds weight of mutton, value 20 s. the property of John Liversuch .

BOTH GUILTY .

Whipped .

Tried by the second London Jury, before Mr. ROSE.

Reference Number: t17840225-105

366. WILLIAM HARRISON was indicted for feloniously stealing, on the 14th day of January last, one copper boiler, value 5 s. the property of John Bradbury .

GUILTY .

Whipped .

Tried by the first Middlesex Jury, before Mr. ROSE.

N. B. Bartholomew Billett served on this Jury, on this and the following Middlesex trials, in the room of Richmond Barker .

Reference Number: t17840225-106

367. TERENCE CAFFRY was indicted for feloniously stealing, on the 18th day of February last, seventy pounds weight of lead, value 7 s. belonging to Thomas William Coates , and others, then and there affixed to a building belonging to them, against the form of the statute.

A Second Count, laying it to be the property of Benjamin Comber , and affixed to a certain other building, called a coach-house, belonging to the said Benjamin, against the statute.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-107

368. HENRY ABRAHAMS was indicted for feloniously stealing, on the 20th day of February last, two carpenter planes, value 2 s. the property of William Haslewood ; two other planes, value 2 s. the property of William Baylis ; and two other planes, value 12 d. and two iron chissels with wooden handles, value 6 d. the property of William Guise .

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-108

369. ELIZABETH COOK was indicted for feloniously stealing, on the 5th day of February last, fourteen pounds and a half of mutton, value 4 s. and fourteen pounds weight of beef, value 4 s. the property of Francis Beachey .

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. ROSE.

Reference Number: t17840225-109

370. WILLIAM GARRATT was indicted for feloniously stealing, on the 10th day of February , twenty pounds weight of lead, value 3 s. belonging to Andrew Nicoll , then and there affixed to a certain empty house of the said Andrew, against the statute .

371. NICHOLAS INNES and PATRICK DALEY were indicted for feloniously stealing, on the 9th day of February last, three thousand three hundred pounds weight of logwood, value 10 l. the property of John Low and James Porteous .

JOHN LOW sworn.

I am a dealer in foreign wood ; my workhouse is at Shadwell .

Court. Have you a partner? - No, I have a partner in that wood, but no partnership.

Who is your partner in this wood? - James Porteous ; we are partners now and then, by mere chance, just as we happen to buy a parcel.

Did you buy this wood together? - We did, the wood was bought by me, by the desire of Porteous, we were to buy it and sell it on our joint account; I have had it five or six months; I know nothing of the prisoners; but at the justice's, one of them said he found it.

How did you know the wood? - I knew it at the justice's, there is no mark on it, but being such a quantity of wood as that, I had not a doubt before the magistrate, and there is not a doubt remains with me; there was three thousand three hundred pounds weight of it, I had taken it in different lots.

Was all the wood produced that you lost? - No.

What time might it take to remove three thousand three hundred pounds weight of this wood? - I suppose four or five hours, it is in logs.

JAMES PORTEOUS sworn.

This wood was kept at Shadwell; half of it belongs to me; there was a waggon load of wood brought up to my house to be sold by the prisoners on the 31st of January; I can only swear to it to the best of my knowledge.

Was not it common logwood? - Yes.

Is not there a good deal of logwood in this town? - Yes.

You are not the only man that has logwood in this town? - Not by many; I am sure the prisoners brought it to me, they were with me an hour at the least; I did not pay for it, nor bargain for it; they left it to me to give the worth of it, they knew I was a judge of it; I told them they had it out of my warehouse, and I sent, and the warehouse was broke open, and the wood missing. Before the magistrate, Innis said, he found the wood, the other said something, but I cannot tell what.

JOSEPH WILLIAMS sworn.

I am a carman; about half past five, Daley called me up, and said he had a load of fire wood; I live about one hundred yards from Mr. Low's warehouse; I went with him, and found my waggon half full of wood; I took it for fire wood; I called up my man, and he loaded the remainder of the waggon, and these two prisoners went with me to Mr. Porteous's house; I was to have six shillings and sixpence for the carriage of it; I saw none of it loaded; I drove the waggon; Daley is a neighbour of our's, a very honest hard working man, bore a good character; I have known him two or three years; I put my cart in an evening in an open place, about one hundred yards from Mr. Low's warehouse.

Jury. Is it customary for people that employ you, to load your waggon without your knowledge, and then come to employ you to drive it? - God knows, I do not know.

Is it your mode of business, or did it appear to you singular? - I do not know.

Did you ever have such a thing done before? - No.

JOHN DISE sworn.

I am servant to Mr. Williams; I saw the wood loaded by two men, who did not speak; I cannot say they were the prisoners, as it was dark; they went with me to Mr. Porteous's; then I saw them and remembered their faces.

WILLIAM KNIGHT sworn.

I worked for Mr. Low the 31st of January. (Speaks to the wood being missing, and

The prisoner Innes called Elizabeth Bell to his character, who deposed, that he lodged with her, and that on the Saturday morning before he was taken up, she heard him go out a little after five, as she pulled her curtain back when he went out, and saw it was just day break.

The prisoner Innes called two other witnesses to his character.

The prisoner Daly called seven witnesses to his character.

NATHANIEL INNIS , GUILTY .

PATRICK DALEY , GUILTY .

To be each confined to hard labour six months in the house of correction .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-111

372. DAVID RICHARDS was indicted for feloniously stealing, on the 18th day of February last, nine wooden casks, value 5 s. and one thousand one hundred pounds weight of butter, value 30 l. the property of John Bacon .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17840225-112

373. JOSEPH ANGEL was indicted for wilful and corrupt perjury, in a cause between Anthony Periera , plaintiff, and John Thompson , defendant .

The record being produced and read, and examined by the defendant's Council, there appeared a variance between that and the indictment, as to the day of the trial, and the defendant was ACQUITTED .

Court. I wish to observe, that as we have not gone into any evidence on one side or the other, I hope no impression will be made against the prisoner at the bar.

Mr. Morgan, Defendant's Council. My Lord, for the sake of the man's character, I will say, I have a variety of witnesses.

Tried by the London Jury before Mr. ROSE.

Reference Number: t17840225-113

374. MARMADUKE BROWN was indicted for wilful and corrupt perjury in the before mentioned cause.

This case being exactly the same as the last, the defendant was ACQUITTED .

Court. As this is a charge that affects a man's reputation very much, though he is acquitted in point of form, yet the fact is, this defendant and the last have witnesses to their character.

375. LEAH LEVY, otherwise MARY LEVY , was indicted for feloniously receiving, on the 21st of December last, one table clock, in a wooden case, value 5 l. the property of Thomas Scott , stolen by a certain person unknown, well knowing the same to be stolen .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: o17840225-1

William Martin

Reference Number: o17840225-2

Richard M'Donah

Reference Number: o17840225-3

William Prosser

Reference Number: o17840225-4

William Smith

Reference Number: o17840225-5

The following persons who were capitally convicted at former Sessions, and on whom sentence of death has passed, received his Majesty's pardon, on condition of being